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THE  OHABTEB, 


GENERAL  ORDINANCES,  &c., 


OF  THE 


COMPILED  AND  PUBLISHED 

I 


BY  AUTHORITY  OF 


THE  COMMON  COUNCIL 


OF  SAID  CITY. 


EVAUSVILLE  : 

EVANSVILLE  COURIER,  STEAM  BOOK  AND  JOB  PRINT. 

1871. 


OFFICERS  OF  THE  CITY:  . 

tfflLSEEJ'Sf’'  <OB> — '*22'' 


MAYOR : 

WILLIAM  BAKER. 


j First  Ward 

Second  Ward, ... 
Third  Ward ... 
Fourth  Ward... 

Fifth  Ward 

/SfcctfA  Ward 

Seventh  Ward.. 
Eighth  Ward.. 
Ninth  Ward... 


COUNCILMEN  : 

AUGUST  ELLES. 

E.G.  VAN  RIPER. 

M.  MUEIILHAUSEN. 

HENRY  R I CIIARI) T. 

...W.  CARPENTER. 

.; CHARLES  SCPIAUM. 

...THOMAS  KERTH. 

WM.  HEILMAN. 

C.  A.  DOUGHTY. 

CLERK  : 

WM.  HELPER, 


RECORDER  : 

NATHAN  WILLARD. 

COLLECTOR  : 

WM.  MAYNARD. 

TREASURER : 

SAMUEL  BACHARACH. 


MARSHAL  : 

CHRIS.  WUNDERLICH. 


SURVEYOR : 

JAS.  D.  SAUNDERS. 


SCHOOL  TRUSTEES  I 

C.  L A.UENSTEIN. 
WM.  F.  PARRETT. 


H.  W.  CLOUD. 


SUPERINTENDENT  OF  PUBLIC  SCHOOLS. 

A.  M.  GOW. 


*' 

<3r 

c° 

•e— ■ 


b's'Z.O'l'JZ. 

\ 

1^0  • 


The  original  Charter  of  the  City  of  Evansville  was  passed 
inuary  27th,  1847,  and  in  the  schedule  to  the  present  Consti- 
ution  of  this  State,  this  charter  was,  with  other  municipal 
charters,  continued  in  force.  The  fourth  clause  of  said  scheduel 
is  in  these  words : 

~3  “ Fourth : All  acts  of  incorporation  for  municipal  purposes 
r^shall  continue  in  force  under  this  Constitution  until  such  time 
IT  as  the  General  Assembly  shall,  in  its  discretion,  modify  or 
repeal  the  same.” 

The  following  pages  contain  the  original  charter  of  the  city’ 
and  subsequent  enactments  in  modifications  thereof ; the  in- 
tention being  to  present  the  charter  as  it  now  is. 


i ' >•'  — -jLO* 


AN  ACT 

Granting  to  the  Citizens  of  the  Town  of  Evansville , in  the 
County  of  Vanderburgh , a City  Charter ; 


APPROVED  JANUARY  27,  1847. 


(See  Local  Acts  of  1846—7,  page  3. 


Section  1.  Be  it  enacted  by  the  General  Assembly  tof  Bonn  a 
the  State  of  Indiana,  That  the  boundaries  of  the  city  of  riesotclty' 
Evansville  shall  be  the  same  as  the  boundaries  of  the 
present  town  of  Evansville,  omitting  Goodsell’s  En- 
largement of  said  town  ; that  is  to  say,  the  bounds  of 
said  city  shall  include  all  the  territory  embraced  within 
the  original  plan  of  said  town,  as  the  same  is  recorded 
in  the  .Recorder’s  office  of  Warrick  County,  and  all  the 
territory  embraced  within  the  following  enlargements 
of  "said  town,  viz  : The  Donation  Enlargement,  the 

Lower  (or  McGary’s)  Enlargement,  the  Upper  Enlarge- 
ment, and  the  Eastern  Enlargement,  according  to  the 
plats  of  said  several  enlargements,  as  made  by  the  sev- 
eral proprietors  of  said  enlargements,  and  recorded  in 
the  Recorder’s  office  of  Vanderburgh  County  * and 
other  territory  may  from  time  to  time  be  annexed  to 
and  included  within  the  hounds  of  said  citv,  as  herein- 
after  provided.! 

* The  boundaries  have  been  altered  by  the  annexation  of  Lamasco  and  the 
addition  of  other  territory— See  appendix,  A. 

t As  to  annexation  of  territory,  see  Act  of  March  6,  1805  (amending  Charter), 

Sec.  1,  2,  and  3— post. 


6 


'CHARTER  OF  THE 


General 
powers  of 
corpora- 
tion. 


Sec.  2.  From  and  after  the  first  Monday  in  April,  A. 
D.  1847,  the  people  residing  in  the  territory  mentioned 
in  the  first  section  of  this  act  shall  become  and  be  a 
body  politic  and  corporate,  by  the  name,  style  and 
title  ot  “ The  City  of  Evansville,”  and  in  and  by  such 
name  shall  be  able  and  capable  in  law  and  equity  to 
contract  and  be  contracted  with,  sue  and  be  sued,  com- 
plain and  defend  in  any  court  of  competent  jurisdic- 
tion; they  shall  have  power  to  make,  have,  and  use  a 
common  seal,  and  the  same  to  alter,  destroy,  and  renew 
at  pleasure;  to  take,  purchase,  hold,  and  convey  such 
real  and  personal  estate  as  the  purposes  of  the  corpora- 
tion  may  require ; to  survey,  mark,  and  establish  the 
boundaries  of  said  city,  and  all  future  enlargements  of 
the  same  ; to  ordain,  establish,  enforce,  and  put  in  ex- 
ecution such  rules,  by-laws,  ordinances,  and  regulations 
as  shall  be  deemed  proper  and  necessary  for  the  good 
government  of  said  city  and  the  well-being  of  the  in- 
habitants thereof,  and  generally  to  do  all  other  acts  and 
things  which  the  good  of  the  inhabitants  of  said  city 
may  require,  not  inconsistent  with  the  Constitution  of 
the  United  States  or  the  Constitution  and  Laws  of  this 
State,  and  consistent  with  the  objects  of  the  corpora- 
tion.* 


Powers  Sec.  3.  Tim  powers  of  said  corporation  shall  be  ves- 
vested  ted  in  and  exercised;  by  a Mayor  and  Councilmen,  to 
be  elected  by  the  qualified  voters  of  said  city,  and  such 
other  and  inferior  officers,  to  be  appointed  by  the  Com- 
mon Council, f as  are  hereinafter  named,  or  as  may 
from  time  to  time  be  appointed  by  the  Common  Coun- 
cil, in  pursuance  of  the  rules,  ordinances,  and  regula- 
tions to  be  made,  ordained,  and  established  as  afore- 
said. I 


* See  Act  of  December  21,  1865,  and  of  March  11,  1867— post, 
f See  Acts  of  1862— post. 

X Mayor , Recorder,  Clerk,  Treasurer,  Collector,  Councilmen,  Marshal,  Street 
Commissioner,  Surveyor,  and  Assessor  made  elective  by  the  people.  See  Acts 
of  1852— post. 


CITY  OF  EVANSVILLE. 


7 


Sec.  4.  The  territory  of  said  city  shall  be  divided  in-33™1011 

^ ^ of  terri- 

to  six  wards,  as  follows,*  viz  : All  that  part  of  said  ter-tory  into 
ritory  lying  south  and  east  of  Walnut  street  shall  be  thewards- 
First  Ward  ; all  that  part  of  said  territory  lying  be- 
tween Walnut  and  Locust  streets  shall  be  the  Second 
Ward;  all  that  part  of  said  territory  lying  between 
Locust  and  Main  streets  shall  be  the  Third  Ward;  all 
that  part  of  said  territory  lying  between  Main  and  Syc- 
amore streets  shall  be  the  Fourth  Ward;  all  that  part 
of  said  territory  lying  between  Sycamore  and  Vine 
streets  shall  be  the  Fifth  Ward  ; and  all  that  part  of 
said  territory  lying  north  and  west  of  Vine  street  shall  Number  of 
be  the  Sixth  Ward;  and  each  ward  shall  be  represented^^'11' 
by  one  Councilman,  who  shall  reside  therein,  and  shall 
be  elected  by  the  qualified  voters  of  such  ward. 

Sec.  5.  The  Mayor  shall  be  elected  by  the  qualified 

* " Mayor, 

voters  of  the  whole  city,  and  shall  hold  his  office  for  the  Low 

^ 7 . elected 

term  of  three  years  from  the  date  of  his  election,  and  an  term  of 

J < 7 office. 

until  his  successor  shall  be  elected  and  qualified,  except 
where  he  is  elected  to  fill  a vacancy,  in  -which  case  he^g^Jfor 
shall  hold  his  office  until  the  expiration  of  the  term  for  counciian(l 
which  his  predecessor  was  elected,  and  until  his  sue-  Sfary  of1 
cessor  is  elected  and  qualified  ; and  a Councilman  shall  both‘ 
hold  his  office  for  the  term  of  one  year,  and  until  his 
successor  is  elected  and  qualified,  except  where  he  is 
elected  to  fill  a vacancy,  in  which  case  he  shall  hold  his 
office  until  the  expiration  of  the  term  for  which  his 
predecessor  was  elected,  and  until  his  successor  is  elec- 
ted and  qualified.  FTo  person  shall  be  eligible  to  the 
office  of  either  Mayor  or  Councilman  unless  he  is  a 
freeholder  of  said  city,  and  a qualified  voter  therein. f 
The  Common  Council  may  provide  by  ordinance  for 
the  payment  of  a stated  salary  to  the  Mayor  and  Coun- 
cilmen : Provided , That  for  the  first  year  after  the  or- 
ganization of  the  corporation  under  this  act,  the  salary 

* As  to  the  power  of  the  Council  to  alter  the  numbers  and  boundaries  of  the 
wards,  see  Act  of  February  4, 1848,  Sec.  4— post. 

t Altered;  see  Act  of  JuneiOth,  1852— post.  No  property  qualifications  re- 
quired for  any  city  office. 


8 


CHARTER  OF  THE 


of  the  Councilmen  shall  not  exceed  fifty  dollars  each, 
nor  that  of  the  Mayor  one  hundred  and  fifty  dollars,  in 
addition  to  his  fees  as  a judicial  officer;  nor  shall  any 
ordinance  increasing  the  stated  salary  of  Councilmen 
take  effect  until  after  the  next  general  election  of 
Councilmen  after  the  passage  thereof. 

Elections,  Sec,  6.  All  elections  shall  be  by  ballot,  and  all  elec- 

how  and  . ^ 7 

wheaheid tions  (except  elections  to  fill  vacancies)  shall  be  held 
of  voters  011  first  Monday  in  April  annual  ly.f  A poll  shall  be 
opened  in  each  ward  for  the  reception  of  votes ; and 
every  free  white  male  citizen  of  the  age  of  twenty-one 
years,  who  has  resided  in  this  State  one  year,  and  in 
said  city  six  months,  and  in  the  ward  in  which  he  offers 
his  vote  one  month  next  preceding  such  election,  shall 
be  entitled  to  a vote  in  the  ward  in  which  he  resides, 
and  not  in  any  other  ward.J 

fraudulent  Sec.  7.  Each  qualified  voter,  according  to  the  next 
votmg.  preceding  section  of  this  act,  shall  be  entitled,  to  vote 
once,  and  no  more,  at  each  election,  in  his  own  ward. 
And  if  any  person,  being  under  the  age  of  twenty-one 
years,  shall  vote  or  attempt  to  vote,  or  if  any  person 
shall  vote  or  attempt  to  vote  more  than  once,  or  shall 
knowingly  vote  or  attempt  to  vote  for  a Councilman  in 
a ward  in  which  such  person  has  not  been  a bona  fide 
resident  for  one  month  next  preceding  such  election, 
or  shall  designedly  hand  in  two  or  more  tickets  folded 
together,  or  shall  otherwise  fraudulently  vote  at  any 
election  to  be  held  in  said  city,  or  any  ward  thereof, 
every  person  so  offending  shall,  for  every  such  offence, 
forfeit  aud  pay  any  sum  ot  money  not  exceeding  fifty 
dollars,  to  be  recovered  in  an  action  of  debt  or  case,  in 
the  name  of  the  city  of  Evansville,  and  for  the  use  and 
benefit  of  said  city,  before  any  court  of  competent  juris- 
diction ; and  every  person  against  whom  judgment 

t As  to  the  power  of  the  Council,  in  the  regulation  of  times  and  places  of 
holding  city  elections,  see  Act  of  February  4, 1848,  Sec.  2,  and  of  March  11th, 
1867— post. 

t As  to  qualifications  of  voters,  see  Acts  of  March  10th,  1852,  April  23d,  1852, 
Sec,  2,  June  10th,  1852,  Sec.  2,  March  1L,  1867,  Sec,  1,  and  May  13, 1860 — post. 


CITY  OF  EVANSVILLE. 


9 


shall  be  rendered  in  any  such  action  shall  be  incapable 
of  voting  or  being  elected  to  any  office  at  any  city  elec- 
tion for  three  years  next  after  the  rendition  of  such 
judgment.* 


Sec.  8.  The  polls  for  all  elections  shall  be  opened  be-  Elections, 
tween  nine  and  ten  o’clock  a.  m.  and  continued  °Pen  aSdctosed 
until  four  o’clock  p.  m.  and  closed  before  five  o’clock 
p.  m.  of  the  same  day. 

Sec  9.  Every  ticket  handed  in  shall  contain  the  tickets?1 
name  of  every  person  intended  to  be  voted  for,  either 
written  or  printed,  and  designate  the  office  to  which 
such  person  named  is  intended  to  be  elected ; and  if 
any  ticket  designates  more  than  one  person  as  voted  for 
for  the  same  office,  as  to  that  office  such  ticket  shall 
not  be  counted;  but  no  ticket  shall  be  lost  for  want  of 
form,  if  the  Judges  and  Inspectors  of  the  Election  can 
satisfactorily  ascertain,  from  an  examination  of  the 
ticket,  the  person  voted  for  and  the  office  intended,  f 


Sec.  10.  It  shall  be  the  duty  of  the  Common  Council  election, 
to  designate  some  particular  place  in  each  ward  { for  natedfana 

officers  of 

holding  elections,  which  place  may  be  changed  from  election, 

• „ _ r,  , . , howap- 

time  to  time  as  the  Common  Council  may  think  proper  .pointkd. 
It  shall  also  be  the  duty  of  the  Common  Council  an- 
nually to  appoint  for  each  ward  in  said  city,  from 
among  the  qualified  voters  of  such  ward,  an  Inspector 
of  Elections,  who  shall  hold  his  office  until  a successor 
is  appointed,  and  whose  duty  it  shall  be,  on  every  day 
when  an  election  is  to  be  held,  to  attend  at  the  proper 
place  for  holding  elections  in  Lis  ward,  and  take  to  his 
assistance,  previous  to  opening  the  polls,  two  qualified 
voters  of  his  ward,  who,  together  with  himself,  shall 
constitute  the  Judges  of  the  Election  then  about  to  be 
held  in  such  ward,  which  Judges  shall  appoint  two 


* See  note  on  preceding  section  as  to  qualification  of  voters,  and  also,  Act 
of  June  14,  1859,  Sec.  59,  as  to  punishment  oi  illegal  voting,  Gavin  &.  Hord, 
Vol.  11,  page  473. 

t See  Act  of  March  11,  1867,  Sec.  13— Acts  of  1857,  page  120. 
t See  Act  of  February  4,  1848,  and  of  March  11,  1867— post. 


10 


CHARTER  OF  THE 


I nspectors 
now  ap- 
pointed 
when  pre- 
vious ap- 
pointee is 
absent, 


Poll- 
books, 
how  made 
out;  elec- 
tion, how 
opened. 


Duties  of 
officers  in 
receiving 
votes 


suitable  persons  Clerks  of  said  election;  and  said  In- 
spector, Judges,  and  Clerks  shall,  before  entering  upon 
the  discharge  of  their  duties,  take  an  oath  (which  may 
be  administered  by  the  Inspector  to  the  Judges  and 
Clerks,  and  by  one  of  the  Clerks  to  the  Inspector) 
faithfully  and  impartially  to  discharge  the  duties  as- 
signed them. || 

Sec.  11.  Should  the  regular  Inspector  of  any  ward 
fail  to  attend  and  open  the  polls  by  ten  o’clock  a.  m.  of 
any  day  on  which  an  election  is  to  be  held  in  his  ward, 
or  if,  after  having  opened  the  polls,  he  should  from  any 
cause  be  unable  to  remain  and  continue  to  discharge 
his  duties  as  Inspector,  then  it  shall  be  lawful  for  the 
qualified  voters  of  such  ward  present  to  appoint,  viva 
voce , and  by  a plurality  of  voices,  an  Inspector  for  the 
occasion,  who  shall  be  governed  in  all  things  by  the 
same  rules  as  the  regular  Inspector. 

Sec.  12.  It  shall  be  the  duty  of  the  Clerk  of  the 
Common  CounciL  before  the  dav  of  the  election,  to 
make  out  and,  on  request,  to  deliver  to  the  Inspector 
of  each  ward  a poll-book  for  such  ward,  together  with 
suitable  tally  papers.  Every  election  shall  be  held  at 
the  particular  place  in  each  ward  designated  by  the 
Common  Council ; and  before  receiving  any  votes,  the 
Inspector  shall  proclaim,  or  cause  it  to  be  proclaimed 
aloud,  without  the  house,  that  the  polls  are  opened. 
The  polls  being  opened,  the  Judges  and  Inspector  shall 
proceed  to  receive  the  votes,  and  and  when  a vote  is 
presented,  the  Inspector  shall  call  out  the  name  of  the 
voter,  and  if  there  be  no  objections,  and  he  be  a 
qualified  voter,  the  Inspector  shall  receive  his  ticket, 
and,  in  the  presence  of  the  other  Judges,  put  it 
in  the  ballot-box,  and  the  Clerks  of  said  election  shall 
record  the  name  of  every  person  voting  upon  their  res- 
pective poll-books,  numbering  the  names  of  the  voters 
consecutively,  as  their  votes  are  given. 


D See  Act  of  May  13, 1869,  Sec  7— post. 


CITY  OF  EVANSVILLE. 


11 


Sec.  13.  If  any  Inspector  or  Judge  of  any  election 
shall  receive  at  such  election  the  vote  of  any  person  election 
who  is  known  to  such  Inspector  or  Judge  not  to  be 
qualified  voter,  or  if  any  Judge,  Inspector  or  Clerk 
shall  attempt  to  pry  into  or  find  out  the  name  or 
names  of  any  person  or  persons  on  any  folded  ticket 
prior  to  putting  it  in  the  ballot-box,  or  expose  such 
ticket  to  the  inspection  of  any  other  person,  or  place 
any  mark  on  it  with  a view  to  identify  it  afterwards, 
he  or  they  so  offending  shall,  for  every  such  offense, 
forfeit  and  pay  the  sum  of  one  hundred  dollars,  to  be 
sued  for  and  recovered  in  an  action  of  debt,  or,  case, 
in  the  name  and  for  the  use  of  the  said  city  of  Evans- 
ville. 

Sec.  14.  If  any  doubt  arises  as  to  the  right  of  any  Right  of 
person  to  vote,  it  shall  be  settled  by  the  Judges  aud^jngto^ 
Inspector,  who,  in  order  to  do  so,  may  examine  other  determm- 
witnesses,  as  well  as  the  person  offering  his  vote,  or 
either,  at  discretion ; the  witnesses  and  the  voter  so  ex-  * 
amined  being  first  sworn  by  the  Inspector,  who,  when 
any  person  is  sworn  in  relation  to  his  own  qualification 
to  vote  shall  administer  to  him  the  following  oath  : 

“ You  do  solemnly  swear  (or  affirm)  that  you  are,  to 
the  best  of  your  knowledge,  information  and  belief, 
not  less  than  twenty-one  years  of  age,  that  you  have 
resided  in  this  State  one  year,  in  this  city  six  months, 
and  in  this  ward  one  month  next  preceding  this  time, 
and  that  you  have  not  voted  at  this  election.”*  And 
any  person  who  shall  be  sworn  by  the  Inspector,  as  in 
this  section  mentioned,  and  shall  swear  falsely  and  cor- 
ruptly, shall  be  deemed  guilty  of  perjury,  and,  upon 
conviction  thereof,  shall  be  punished  accordingly. 

Sec  15.  When  the  polls  are  closed,  the  Inspector  and  Duties  of 
Judges  shall  proceed  to  canvass  and  estimate  the  votes  election 
given.  The  canvass  shall  be  public,  and  shall  be  com-  ing  vote 
menced  by  a comparison  of  the  poll-books  or  lists,  and 

* Altered ; see  Acts  of  1852,  March  11 , 1867,  and  May  13,  1869— post. 


12 


CHARTER  OF  THE 


a correction  if  any  mistakes  found  therein,  until  they 
shall  be  made  to  agree.  The  tickets  shall  then  be 
counted  unopened,  except  so  far  as  to  ascertain  that 
two  or  more  tickets  have  not  been  handed  in  folded  to- 
gether, and  if  two  or  more  tickets  are  found  folded  to- 
gether, or  attached  to  each  other  in  such  a manner  as 
to  present  the  appearance  of  but  one  ticket,  and  the 
Inspector  and  Judges  are  clearly  of  opinion  that  the 
same  were  handed  in  as  one  ticket,  they  shall  be  re- 
jected and  destroyed  , then  if  the  tickets  shall  be  found 
to  exceed  in  number  the  whole  number  of  voters  whose 
names  are  on  the  poll-books,  they  shall  be  replaced  in 
the  ballot-box  and  thoroughly  shaken,  and  then  one 
of  the  Judges  shall  publicly  draw  out  and  destroy  so 
many  unopened  tickets  as  shall  be  equal  to  the  excess. 
The  tickets  and  poll-books  being  found  or  made  to 
agree,  the  tickets  shall  then  be  taken  out,  one  by  one, 
by  the  Inspector,  who  shall  open  them  and  read  aloud 
the  name  of  each  person  on  each  ticket,  and  the  office 
for  which  such  person  is  voted  for,  and  shall  then  hand 
it  to  one  of  the  Judges,  who  shall  string  it  on  a thread. 
As  the  Inspector  reads  the  tickets,  each  Clerk  shall 
mark  on  a tally-paper  the  votes  each  individual  shall 


How  suc- 
cessful 
candidate 
declared 
elected, 
and  certifi- 
cate of 
election  ; 
tie  vote, 
how  de- 
cided. 


receive  and  the  office  he  is  voted  to  fill. 

Sec.  16.  When  the  votes  are  all  counted  and  read  ofi 
as  aforesaid,  the  Inspector  shall  declare  the  person  who 
has  received  the  greatest  number  of  votes  for  Council- 
man duly  elected  Councilman  for  that  ward,  and  shall 
make  and  deliver  to  him  a certificate  to  that  effect, 
signed  by  the  Inspector  and  attested  by  both  the 
Clerks.  But  should  two  or  more  persons  be  found  to 
have  received  an  equal  and  the  highest  number  of  votes, 
then  the  Inspector  and  Judges  shall  determine  by  lot, 
in  a fair  and  impartial  manner,  -who  of  such  persons 
shall  be  Councilman,  and  give  him  a certificate  as  afore- 


said. 


CITY  OF  EVEESVILLE. 


13 


Sec.  17.  In  cases  of  election  for  Mayor,  the  Inspector  ^'Vayor 
and  Judges  of  each  ward  shall  make  out  and  sign  a 
certificate,  stating  in  wards  at  full  length  the  names  of 
the  several  persons  voted  for  for  Mayor,  and  the  num-iesuitdade? 
her  of  votes  received  by  each,  which  certificate  shall  beciared‘ 
placed  in  the  hands  of  one  of  the  Judges  or  tlie  Inspec- 
tor who  have  signed  the  same;  and  on  the  Wednesday 
next  succeeding  such  election,  between  10  o’clock  A.  M. 
and  3 o’clock  p.  m.,  the  Judges  or  Inspectors  of  the  sev- 
eral wards  holding  such  certificates  shall  meet  at  the 
Court  House  in  Evansville,  or  such  other  place  as  may 
be  designated  by  the  Common  Council,  and  compare 
their  several  certificates,  and  the  person  having  the 
highest  number  of  all  the  votes  given,  according  to  said 
certificates,  shall  be  declared  duly  elected  Mayor,  and 
the  said  Judges  and  Inspectors  shall  give  him  a certifi- 
cate accordingly;  but  should  two  or  more  persons  be 
found  to  have  received  an  equal  and  the  highest  num- 
ber of  votes,  it  shall  be  the  duty  of  the  Inspectors  and 
Judges,  convened  as  aforesaid,  to  determine  by  lot  who 
of  such  persons  shall  be  Majmr,  and  give  him  a certifi- 
cate of  his  election  under  their  hands  as  aforesaid. 

Sec.  18.  The  Judges  of  every  election  shall  complete  ^en^r- 
the  canvass  of  votes,  and  make  out  the  certificates  §eemadeto 
hereinbefore  required  to  be  made,  by  4 o’clock  p.  m.,  of  havered  • 
the  day  next  succeeding  the  day  of  the  election  ; and  S^how8 
the  certificate  of  the  election  of  Councilman  shall  bepreserved' 
delivered  to  him,  or  left  at  his  usual  place  of  residence 
within  three  days  thereafter.  Within  the  same  period 
the  Inspector  of  each  ward  shall  leave  one  of  the  poll- 
books  and  tally  papers  of  his  ward  with  the  Clerk  of 
the  Common  Council,  to  be  by  him  filed  and  preserved  ; 
and  the  other  poll-book  and  tally  paper  with  the  tick- 
ets, shall  be  kept  and  preserved  by  the  Inspector  for 
the  term  of  three  months,  subject  at  all  reasonable 
hours  of  every  day  to  the  inspection  of  any  voter  in 
the  city  wishing  to  examine  the  same. 


14 


CHARTER  OF  THE 


Exeinp 
tion  from 


Sec,  19.  No  qualified  voter  of  the  city  shall  be  arrested 
day of°n  witliin  the  city  on  the  day  on  which  an  election  is 
election  "held  in  his  ward,  except  for  a crime  or  misdemeanor 
against  the  laws  of  the  State,  or  an  offence  against  the 
penal  laws,  ordinances  or  regulations  of  the  city,  made 
or  ordained  by  the  Common  Council  by  authority  of 
this  act. 

Bribery  Sec.  20.  If  any  person  shall  use  anv  threats,  force  or 
offences  violence,  or  attempt  to  awe,  or  by  any  other  means 

against  . J J . 

purity  of  restrain  any  voter  m his  freedom  of  choice,  or  if  any 

election  ^ # . J 

]^pun- person  shall  give  any  bribe,  fee  or  reward,  in  meat, 
drink,  or  otherwise,  in  order  to  induce  any  voter  to 
vote  contrary  to  his  inclination,  or  shall  on  the  day  of 
election,  give  any  public  treat  in  meat  or  drink,  or  di- 
rect any  person  to  do  so  in  his  behalf,  with  a view  to 
obtain  any  vote  or  votes  for  himself,  or  any  other  per- 
son or  persons,  every  person  so  offending  shall  forfeit 
and  pay  any  sum  not  less  than  fifty  dollars,  nor  more 
than  one  hundred  dollars,  to  be  recovered  in  an  action 
of  debt,  or  on  the  case,  in  the  name  and  for  the  use  of 
the  city  of  Evansville,  before  any  court  of  competent 
jurisdiction. 

Miscon-  Sec.  21.  If  any  Judge,  Inspector  or  Clerk  of  an  elec- 
officers  of  tion,  having  taken  upon  himself  the  performance  of  the 
how1  pun- duties  herein  required  of  him,  shall  willfully  or  fraud- 
ulently  neglect  or  refuse  to  discharge  the  same,  or  slial 
be  guilty  of  any  fraud  or  corruption  in  doing  such  du- 
ties, he  shall  forfeit  and  pay  any  sum  of  money  not  ex- 
ceeding one  hundred  dollars  for  every  such  wrongful 
act  of  commission  or  omission,  to  be  sued  for  and  re- 
covered in  an  action  of  debt,  or  on  the  case,  in  the  name 
and  for  the  use  of  the  city  of  Evansville,  before  any 
court  of  competent  jurisdiction. 

Sec.  22.  The  Common  Council  shall  cause  a sufficient 
number  of  ballot  boxes  to  be  provided  and  deposited 
preserved.  with  the  Clerk,  who,  when  an  election  is  about  to  take 
place,  shall  deliver  one  of  said  boxes  to  the  Inspector  of 


Ballot- 
boxes, 
how  fur 
nished  and 


CITY  OF  EVANSVILLE. 


15 


each  ward,  who,  after  the  election  is  concluded,  shall 
return  the  same  to  the  Clerk  at  the  same  time  he  de- 
livers to  the  Clerk  the  poll-books  and  tally  papers. 

Sec.  23.  Every  Mayor  and  Councilman,  before  enter-  Mayor  and 
ing  upon  the  discharge  of  his  duties  as  such,  shall  take  men. 
an  oath  before  some  competent  authority  faithfully  and 
impartially  to  discharge  his  duties,  which  oath  shall  be 
certified  on  the  certificate  of  his  election. 

Sec.  24.  The  Mayor  and  Councilmen,  elected  and  who  to^ 
qualified  as  herein  required,  shall  constitute  the  Com-  qSorcm- 
mon  Council  of  the  city  of  Evansville,  but  a majority ^igeof* 
of  the  whole  number  of  Councilmen  shall  be  at  all  times  Sonsfiofa~ 
necessary  to  constitute  a quorum  for  the  transaction  of  tSeSep  S ’ 
business.  They  shall  be  judges  of  the  election  returns,  record‘ 
and  of  the  qualifications  of  their  own  members : shall 
determine  the  rules  of  their  own  proceedings,  and  keep 
a record  thereof,  which  shall  be  open  to  the  examina- 
tion of  every  citizen,  and  may  compel  the  attendance  of  Mayor  to 
absent  members  of  the  Council,  in  such  manner  and  under  when  he 
such  penaltv  as  they  shall  by  by-law  or  order  establish  Preside nV 

T r.  —1  ™ 1 1 11  of  Council 

and  prescribe.  lhe  Mayor,  when  present,  shall  pre-protem. 
side  at  all  meetings  of  the  Common  Council,  and  in 
ease  of  a tie  on  any  question  or  proposition,  shall  give 
the  casting  vote,  except  that  in  making  laws  and  ordin- 
ances he  shall  have  no  vote,  under  any  circumstances, 
nor  in  any  other  case,  except  where  there  is  a tie.  In 
the  absence  of  the  Mayor,  the  Councilmen  shall  elect 
one  of  their  own  body  to  preside  for  the  time  being, 

who,  as  President,  shall  possess  the  same  power  as  the 
Mayor,  while  acting  in  that  capacity,  and  the  additional 
power  of  voting  on  all  questions,  whether  there  is  a tie 
or  not. 

Sec.  25.  It  shall  be  lawful  for  the  Mayor  and  Com-™^0f 

mon  Councilmen,  respectively  and  individually,  at  any  men  to 

qualify. 

time  after  being  elected  and  qualified  as  aforesaid,  to 


16 


CHARTER  OF  THE 


enter  upon  their  respective  duties ; Provided,  That  if 
any  Mayor  or  Councilman  elect  shall  fail,  for  the  space 
of  thirty  days  after  his  election,  to  qualify  himself  to 
enter  upon  the  discharge  of  his  duties,  such  neglect 
shall  be  deemed  and  taken  to  be  a refusal  to  qualify, 
and  a renunciation  of  the  office  to  which  he  was  elected. 


Meetings  Sec.  26.  The  Common  Council  shall  annually  meet 
noticeof1' on  the  Second  Monday  in  March,  and  at  such  other 
meetings,  stated  times  as  by  resolution,  by-law  or  ordinance  they 
shall  appoint,  and  meetings  of  the  Common  Council 
may  be  called  at  any  time  by  the  Mayor,  or,  in  his  ab- 
sence, by  a majority  of  the  Councilmen,  and  the  Com- 
mon Council,  when  met,  may  adj'ourn  as  well  to  any 
other  time  as  to  the  regular  time  for  a stated  meeting, 
but  in  all  cases  of  called  meetings,  notice  thereof  shall 
be  given  to  each  Councilman  in  writing,  personally 
served,  if  practicable,  or  left  at  his  usual  place  of  res” 
idence;  Provided , That  where  a meeting  is  called  by 
the  Councilmen,  it  shall  not  be  necessary  to  notify  the 
Councilmen  calling  the  same.  If  a quorum  of  Council- 
men  do  not  attend  at  any  time  and  place  appointed  for 
a meeting,  whether  regular  or  called,  it  shall  be  the 
duty  of  the  Clerk  to  adjourn  such  meeting  from  day  to 
day  until  a quorum  shall  attend,  or  to  the  next  regular 
time  of  meeting,  or  to  any  particular  time  prior  thereto, 
bek°ept*°  as  circumstances  may  require.  The  Common  Council 
appoint^  shall  keep  a full  and  fair  record  of  all  their  proceedings, 
oahbbond  and  for  this  purpose  shall  appoint  some  person  not  of 
their  body  a Clerk,  who,  before  entering  upon  the  dis- 
charge of  his  duties  as  such,  shall  take  an  oath  of  of- 
fice, and  give  bond  with  security,  to  the  acceptance  of 
the  Common  Council,  to  secure  the  proper  performance 
of  his  duties.*  The  Clerk  shall  attend  all  meetings  of 
the  Council,  and  make  and  keep  a record  of  their  pro- 
ceedings ; and  the  minutes  of  the  proceedings  of  each 


and 
duties. 


* See  Acts  of  1852— post. 


CITT  OF  EVANSVILDE. 


17 


meeting  being  recorded,  shall  be  read  over  in  the  pres- 
ence of  the  Council,  and  if  incorrect,  corrected  ; and 
when  found  correct,  or  made  so,  shall  be  signed  by  the 
Mayor,  or  other  presiding  officer  of  the  meeting,  and 
attested  by  the  Clerk,  or  other  person  acting  as  such. 

Sec.  27.  It  shall  also  be  the  duty  of  the  Clerk  to 
safely  keep  and  preserve  all  records,  books,  and  papers  preserve 
belonging  to  the  city  of  Evansville,  and  appertaining  to  andde- 

00  J m 7 0 liver  same 

or  deposited  in  his  office,  entire  and  without  injury  or  to  his  suc- 

r 7 0 . cessor, 

mutilation,  and  to  hand  them  over,  together  with  allfndPer- 

7 ....  7 0 form 

other  property  of  said  city  in  his  hands,  to  his  successor, 
and  to  do  and  perform  all  other  things  and  duties  that  §ounciLy 
he  may  be  required  to  do  by  the  by-laws,  ordinances, 
rules,  and  regulations  to  be  passed,  ordained  and  estab- 
lished by  said  Common  Council.  This  act  shall  be 
deemed  and  taken  to  be  a public  act,  and  as  such  may 

T?iiis  £tot  <sl 

be  read  as  evidence  in  any  Court,  without  being  pleaded  public  act. 

1/7  0 A Printed. 

or  particularly  referred  to  in  pleading  ; and  the  printed  by-iaws_ 
by-laws  and  ordinances  passed  and  ordained  by  said  nances, 

J 1 *'  and  certi- 

Common  Council,  purporting  to  be  printed  by  thefledc°Pies 

* r & . r J evidence, 

order  and  under  the  authority  of  said  Common  Council, 
shall  be  received  and  read  in  all  Courts  as  prima  facie 
evidence,  without  being  specially  pleaded  or  referred  to 
in  pleading;  and  transcripts  of  the  records  and  pro- 
ceedings of  the  said  Common  Council,  certified  by  the 
Mayor,  under  the  corporate  seal,  shall  be  evidence  in 
all  Courts,  in  like  manner  as  the  original  would  be, 
without  other  proof  or  authentication  than  such  cer- 
tificate and  seal. 


Sec.  28.  The  Mayor  and  each  Councilman  shall  present 
to  the  Clerk,  at  the  first  meeting  of  the  Common  Coun-  certifi- 
ed they  may  attend  after  being  elected,  their  certificates  election  to 
of  election,  which,  with  the  endorsements  of  qualifica-  £|record 
tion  thereon  endorsed,  shall  be  spread  at  full  length 
upon  the  records. 

Sec.  29.  If  the  Mayor  shall  remove  from  and  reside 
out  of  the  city,  except  temporarily,  and  not  exceeding 


18 


CHARTER  OF  THE 


M?y?r  °f  wee^8  one  time,  his  office  shall  thereby  become 
cnmenUU’ and  vacaut , and  if  any  Councilman  shall  remove 
cScc?  by"  from  and  reside  ont  of  the  ward  which  he  was  elected 
vacancy’  to  represent,  except  temporarily,  and  not  more  than 
how  fined.  g*x  wee]^s  one  time,  his  office  shall  thereby  become 
and  be  vacant;  and  in  case  of  a vacancy  by  death,  re- 
moval, resignation,  or  refusal  to  qualify,  or  any  other 
means  whatsoever,  in  the  office  of  Mayor  or  Council- 
man, such  vacancy  shall  be  filled  by  a special  election 
to  be  held  at  such  times  as  shall  be  appointed  by  the 
Common  Council,  of  which  due  public  notice  shall  be 
given  by  publication  in  a newspaper,  or  in  such  other 
manner  as  the  Common  Council  shall  order,  and  such 
special  election  shall  be  conducted  in  all  respects  as 
regular  annual  elections.* 

council  to  Sec.  30.  The  Common  Council  shall  have  the  control 
finances,  and  management  of  the  finances  and  of  all  the  property 
etc.oi city.  rea|  an(j  personal,  belonging  to  said  city,  and  shall  have 

council—  full  power  and  authority,  for  and  within  said  city,  to 
make,  establish,  publish,  alter,  modify,  amend  and  re- 
peal by-laws,  ordinances,  rules  and  regulations,  for  the 
following  purpose  and  on  the  following  subjects,  to-wit : 

fi?bHr°am  First.  To  restrain  and  prohibit  all  kinds  of  gaming, 
iug;  and  every  kind  of  fraudulent  or  immoral  practice  or 
device  within  said  city. 


To  pro-  Second,  To  restrain  and  prohibit  the  selling  or  bar- 
sale  oi  in- tering  of  any  spirituous  liquors  or  ardent  spirits,  or 
drinks  beer,  porter,  ale,  cider,  or  wine,  drank  m or  about 

without  . \ \ 1 

license,  the  house,  store,  shop,  grocery,  out-house,  yard,  or 


garden  of  the  person  selling  the  same,  unless  licensed  to 
do  so  according  to  the  by-laws  and  ordinances  passed 


and  ordained  by  said  Common  Gouncil.f 


To  pro-  Third . To  restrain  and  prohibit  the  selling,  bartering, 

sale  ot  in- or  giving  away  of  any  ardent  spirits  or  intoxicating 
liquors  to  liquors  to  any  person  already  intoxicated,  or  who  may 


* See  Act  of  April  23.  1852,  Sec.  3— post. 

fSee  License  Law  of  March  3,  1859,  Sec.  16,  and  Act  of  March  6,  1865,  Sec. 
4— post. 


CITY  OF  EVEESVILLE. 


19 


be  known  to  be  in  the  habit  of  getting  drunk,  or  to  any  §j£nkards 
person  less  than  twenty-one  years  of  age,  without  the 
consent  of  his  or  her  parents,  guardian,  master,  or 
mistress.f 

Fourth.  To  prohibit  all  shows,  exhibitions,  and  amuse-  Jib^tcer- 
ments  which,  in  the  opinion  of  the  said  Common  Coun- 
cil,  are  demoralizing  to  society,  or  calculated  to  detract 
from  the  peace  and  good  order  of  said  city, 


Fifth.  To  prevent  drunkenness  in  the  streets,  public  ^u^kln-1 
indecency  and  riot,  noise,  disorder,  disturbance,  and  dis- 
orderly  assemblies.  cency»  etc. 


Sixth.  To  suppress  and  restrain  disorderly  houses  ofTores- 

A A ^ train  dis- 

ali  kinds,  whether  taverns,  groceries,  coffee-houses,  or  orderly k 

houses 

any  other  kind  of  house,  houses  of  ill-fame,  billiard  andand°tker 
other  gaming  tables,  nine  or  ten  pin  alleys,  and  ball 
alleys,  and  to  authorize  the  demolition  and  destruction 
of  all  instruments  of  gaming. 


Seventh.  To  compel  the  owner  of  any  piece  of  ground,  To  compel 
grocery,  tallow  chandlery,  soap  factory,  tannery,  stable,  gJSSSdSfof 
barn,  privy,  slaughter  house,  sewer  or  other  place,  tOciean°the 
cleanse  the  same  from  time  to  time,  as  often  as  may  besame* 
deemed  necessary  for  the  health,  comfort  or  conveni- 
ence of  the  inhabitants  of  said  city,  and  to  remove,  abate 
or  destroy  the  cause  which  renders  such  house  or  place 
unhealthy  or  uncomfortable. 


Eighth . To  direct  the  location  of  ail  powder  houses,  To  direct 

J 1 9 location  of 

slaughter  houses,  tallow  chandlers,  shops,  soap  factories,  houfe1^61 
distilleries,  and  all  other  houses,  factories  and  shops, 
that  may  detract  from  the  health  or  comfort  of  the  in- 
habitants of  said  city,  and  if  thought  necessary,  to  pro- 
hibit altogether  the  erection  or  continuance  of  all  or 
any  such  shops,  factories,  houses,  and  establishments 

f 

within  the  limits  of  said  city. 


t See  License  Law  of  March.  3,  1859,  Sec.  16,  and  Act  of  March  6,  1865,  Sec. 
4— post. 


20 


CHARTER  OF  THE 


To  regu- 
late keep- 
ing gun- 
powder 
etc. 


To  pre- 
vent im- 
proper use 
of  horses, 
etc, in 
streets. 


To  pre- 
vent en- 
cumbering 
of streets, 
etc.  or  in- 
juring 
same. 


To  regu- 
late bath- 
ing in 
river,  &c. 


Ninth . To  regulate  the  keeping  and  conveying  of 
gunpowder,  and  all  other  combustible  and  dangerous 

materials,  and  the  use  of  candles  and  lights  in  barns  and 
stables. 

Tenth.  To  prevent  horse-racing  and  immoderate  rid- 
ing or  driving  of  horses  or  other  animals  in  the  streets, 
and  to  prohibit  persons  having  the  charge  ot  horses  or 
mules  from  leaving  them  in  the  streets  while  in  gears, 
without  first  unfastening  or  unhitching  the  chains,  tra- 
ces, or  yoke  by  which  they  draw  or  hold  up  the  tongue 
or  shafts  of  the  dray,  wagon,  cart,  sled,  carriage,  buggy, 
hack,  coach,  gig,  or  other  vehicle  or  carriage  to  which 
any  such  horse  or  mule  may  be  hitched  or  attached,  or 
without  by  some  other  means  securing  such  horses  or 
mules  so  that  they  cannot  run  away  with  any  such 
vehicle  or  carriage. 

Eleventh.  To  prevent  the  encumbering  of  the  streets, 
lanes,  alleys,  sidewalks,  wharves,  landings,  market  pla- 
ces, and  public  grounds  and  buildings  with  carriages 
drays,  carts,  boxes,  barrels,  lumber,  timber,  fire-wood, 
coal,  or  any  other  substance  or  material  whatsoever,  and 
to  prohibit  persons  from  trespassing  upon  or  injuring 
public  grounds  and  buildings,  and  from  riding,  leading, 
hauling,  or  driving  animals,  wagons,  carts,  drays,  car- 
riages, and  other  things  upon,  along,  or  across  side- 
walks, or  in  any  other  manner  injuring  the  same,  and 
from  digging  up  the  streets,  alleys,  lanes,  landings, 
wharves  and  public  commons,  or  in  any  other  wise  un- 
necessarily injuring  the  same. 

Twelfth . To  regulate  and  determine  the  times  and 
places  of  bathing  and  swimming  in  the  Ohio  river  and 
Pigeon  creek,  and  in  the  canal,  and  to  prohibit  bathing 
and  swimming  in  the  Ohio  river  opposite  said  city,  and 
within  one-half  mile  above  and  below  the  limits  thereof, 
and  in  Pigeon  creek  within  half  a mile  of  the  limits  of 

said  city,  and  in  the  canal  within  said  city,  and  within 
half  a mile  beyond  the  limits  thereof,  if  the  Common 
Council  shall  deem  it  proper  to  prohibit  the  same. 


CITY  OF  EVANSVILLE. 


21 


Thirteenth.  To  restrain  and  punish  vagrants,  mendi-  Torestmin 
cants,  street  beggars,  and  common  prostitutes.  &c’ 

Fourteenth.  To  restrain,  regulate  or  prohibit  the  run'^er®|g" 
ning  at  large  of  cattle,  horses,  swine,  sheep,  goats,  geese,  ™£-geSot 
ducks,  turkeys,  chickens,  and  other  animals,  and  to|£imals’ 
authorize  distraining,  impounding  and  selling  the  same 
for  the  penalty  incurred  and  costs  of  proceeding. 

Fifteenth.  To  prevent,  restrain  and  regulate  the  run-  D°ss<  &c- 
ning  at  large  of  dogs  and  bitches,  and  to  authorize  the 
destruction  of  the  same  when  at  large  contrary  to  the 
by-laws  and  ordinances  of  the  city. 

Sixteenth.  To  prohibit  all  persons  from  bringing,  de-Jopro^ 
positing,  or  keeping  within  the  limits  of  said  city,  or  nuisance 
within  one-half  mile  thereof,  anv  dead  carcass  or  other 
offensive  or  unwholesome  substance,  and  to  require  and 
compel  the  destruction  or  removal  thereof  by  any  per* 
son  who  shall  be  the  owner  thereof,  or  by  his  own  act 
or  consent  have  the  same  upon  or  near  his  premises, 
whether  the  same  be  a dead  animal  or  any  part  of  one, 
putrid  or  unsound  beef,  pork,  hides,  fish,  or  skins  of 
any  kind,  or  other  unsound  or  unwholesome  substance 
whatever,  and  on  the  default  of  such  person,  to  authorize 
the  destruction  or  removal  thereof  at  his  expense,  by 
the  proper  officer  or  person. 

Seventeenth.  To  prohibit  the  rolling  of  hoops,  dying  Jibitthe 
of  kites,  playing  at  ball,  or  long  bullets,  shooting,  ork[^s&c 
using  firearms  or  fire-crackers,  or  unnecessarily  using 
any  other  thing,  instrument  or  practice,  having  a ten- 
dency to  annoy,  or  endanger,  or  injure,  or  destroy  per- 
sons or  property  within  said  city,  or  to  frighten  teams 
or  horses  within  said  city. 

Eighteenth.  To  compel  all  persons  to  keep  the  snow,  to  compel 
mud,  ice,  and  dirt,  and  trash  of  all  kinds  off  the  side  to  be  kept  " 

clean 

walks,  and  to  clean  and  keep  clean  the  gutters  and 
streets  in  front  of,  and  the  gutters  and  alleys  in  the  rear 
of  the  premises  by  them  occupied  or  owned. 


22 


CHARTER  OF  THE 


hibitdis-  Nineteenth.  To  prevent  the  disorderly  blowing  of 
noises7  h°rns>  ringing  of  bells,  crying  of  goods  or  other  things, 
and  all  other  unnecessary  noises  to  the  disturbance  of 
the  citizens. 


what  shall  Twentieth . To  abate  and  remove  nuisances,  and  to 
sancesand  declare  what  shall  be  deemed  nuisances,  and  punishing 
same.the  by  suitable  penalties  the  person  or  persons  causing  or 
continuing  the  same,  or  suffering  the  same  to  remain  on 
his,  her,  or  their  premises,  or  both  abate  and  punish,  at 
discretion ; and  for  the  purpose  of  declaring  what 
shall  be  deemed  nuisances,  and  abating  the  same,  or 
causing  and  compelling  the  same  to  be  abated,  and 
punishing  persons  for  causing,  continuing,  or  suffering 
the  same  as  aforesaid,  the  Common  Council  shall  have 
jurisdiction  over  both  land  and  water  one  mile  beyond 
the  limits  of  the  city  in  all  directions.* 


To  regu-  Twenty -first.  To  restrain  and  regulate  carriers  and 

late  carri-  a J ° 

ers,  run-  runners  to  and  from  steamboats,  canal  boats,  and  stages. 

ners,  &c.  J 70 

Twenty -second.  To  regulate  and  license  drays,  wagons, 
late1  and  carts,  hacks,  and  carriages,  which  may  be  kept  in  said 
drays, &c.  city  to  be  hired  or  used  for  hire  or  reward. 


To  survey 
and  estab- 
lish 

bounda- 
ries of 
streets,&c. 


Twenty -third.  To  ascertain,  by  survey,  and  mark  and 
establish  the  boundaries  and  limits  of  said  city,  and  all 
enlargements  thereof,  and  of  the  streets,  alleys,  lots  and 
blocks  therein. 


to  re°u-  Twenty -fourth.  To  regulate  the  burial  of  the  dead,  to 

ofdeadrial  purchase  and  provide  common  burying  grounds,  hearses, 
and  other  things  necessary  to  burial,  and  appoint  one 
or  more  sextons,  and  prescribe  his  or  their  duties. 

Twenty-fifth.  To  provide  for  the  keeping  of  bills  of 

To  provide  J J v r 0 

for  bills  of  mortality,  and  returning  the  same  at  times  and  places 
’ appointed  for  that  purpose,  and  to  impose  suitable 
fines  or  penalties  upon  physicians,  sextons,  and  others 
for  any  default  in  keeping  or  returning  the  same. 


^Twentieth,  As  to  power  of  Council  to  drain  swamps,  &c.,  within  two 
miles  of  the  city.  See  Act  of  Jan.  15, 1850— post. 


CITY  OF  EVANSVILLE. 


23 


Twenty -sixth.  To  regulate  gauging,  the  place  andTo  regu- 
manner  of  selling  and  weighing  hay,  the  place  and  ^ghing 
manner  of  selling  and  measuring  or  weighing  wood  for 
fuel,  lime  and  coal,  and  to  appoint  suitable  persons  to 
superintend  and  conduct  the  same. 

Twenty -seventh.  To  regulate  the  quality  of  bread,  and  j^°eregu~ 
to  provide  for  the  seizure  and  forfeiture  of  bread  baked  bread, y&c. 
contrary  thereto. 


Tie enty- eighth.  To  make,  establish  and  regulate  public 
wells,  cisterns,  reservoirs  and  pumps,  and  to  prevent terns’ &e- 
the  unnecessary  waste  of  water. 

Twenty -ninth.  To  provide  for  the  furnishing  of  the  To  pro- 

^ ^ ^ vide  W£lt€ 

said  city  and  the  inhabitants  thereof  with  water.*  works. 


Thirtieth.  To  establish  and  regulate  public  pounds.  Toest’ush 
Thirty-first.  To  prevent  the  firing  of  guns,  pistols  and  Toreguate 
all  other  firearms  and  fireworks  within  said  city.  arms!file~ 


Thirty -second.  To  prohibit  and  prevent  the  erection  Toreg,late 

of  wooden  buildings  in  such  parts  of  said  city  as  they  wooden  oi 
may  think  proper.  buildings. 

Thirty -third.  To  erect  and  establish  market  houses, 
market  places,  a hospital,  a Council  house,  a city  jail,  lish  and 
engine  houses,  and  houses  for  common  schools,! 
regulate  and  govern,  and  from  time  to  time  e 
repair,  remove  and  rebuild  the  same,  or  build  new  ones, 
and  to  prescribe  rules  and  regulations  for  the  use  and 
management  thereof,  and  to  prescribe  the  time  and 
manner  of  vending  produce  and  provisions  in  such 
market  houses  and  market  places,  and  to  prohibit  the 
sale,  by  retail,  of  meat,  vegetables,  eggs,  butter,  chick- 
ens, turkeys,  geese,  ducks  and  other  fowls  during  mar- 
ket hours  at  any  other  place  than  the  market  houses 
and  market  places  so  established  and  erected. 

Thirty -fourth.  To  restrain  and  prevent  forestalling 
and  regrating. 

* See  Acts  of  March  6,  I860,  and  March  11,  1867— post. 

fSee  Acts  of  March  6,  I860,  (General  School  Law)— Sec.  4 and  5,  and  of  March 
11th,  1867-post. 


1 . uxu  tv 

and  tO  markets, 

, hospitals, 

nlarge,  jails,  &c. 


24 


CHARTER  OF  THE 


To  estab- 
lish fire 
depart- 
ment. 


Police. 

To  compel 
attend- 
ance of 
members, 
&c. 

To  ap- 
point offi- 
cers and 
prescribe 
their  du- 
ties. 


Fees  and 
salaries. 


Thirty-fifth . To  prevent  and  guard  against  damage  by 
fire ; to  purchase  fire  engines  and  fire  apparatus  ; to 
organize  fire  companies,  and  regulate  and  govern  the 
same,  and  to  prescribe  and  regulate  the  duty  and  con- 
duct of  the  members  of  fire  companies,  and  of  other 
persons,  in  relation  to  fires,  and  property  removed  into 
the  streets  or  elsewhere,  to  prevent  its  destruction  by 
fire. 

Thirty-sixth . To  regulate  the  general  police  of  said  city. 

Thirty-seventh.  To  compel  the  attendance  of  the  mem- 
bers of  the  Common  Council;  to  appoint  all  officers 
and  agents  they  may  deem  proper  and  necessary  to 
carry  into  full  effect  the  powers  hereby  conferred,  and 
to  prescribe  their  powers  and  duties  and  to  require 
them,  or  any  or  either  of  them,  to  give  bond,  with 
security,  for  the  faithful  discharge  of  such  duties,  and 
all  officers  and  agents  so  appointed  shall  hold  their 
offices  during  the  pleasure  of  the  Common  Council. 

Thirty -eighth.  To  regulate  and  establish  and  provide 
for  the  payment  of  the  fees  and  salaries  of  all  officers 
and  agents  by  them  employed. 


Torcgu-  Thirty-ninth.  To  regulate  the  streets,  alleys,  and  side- 
streeum-  wa^s,  and  all  improvements  and  repairs  thereof;*  and 
meilts,  &c.  the  said  Common  Council  shall  have  the  exclusive 
right  and  power  of  taxing  persons  residing  in  said  city, 
and  real  and  personal  property  situated  therein,  for  the 
purpose  of  making  such  improvements  and  repairs, 
whether  such  improvements  or  repairs  consist  of  grad- 
ing, paving,  ditching,  or  anything  else  ; and  no  person 
residing  in  said  city  shall  be  compelled  or  required  to 
work  on  any  road  without  the  city,  nor  shall  any  prop- 
erty lying  or  being  within  the  city  be  taxed  for  the 
purpose  of  making,  opening,  improving,  or  repairing 
any  road  or  bridge  without  the  limits  of  said  city: 
Provided , That  nothing  herein  contained  shall  prevent 


* See  Act  of  March  6, 1865,  in  reference  to  railroads,  &c.— post. 


CITY  OF  EVANSVILLE. 


25 


the  Board  of  Commissioners  of  Vanderburgh  County 
from  making  such  appropriations  of  the  revenue  of  the 
county  as  are  or  may  be  authorized  by  law  for  the 
building,  purchase,  or  repair  of  bridges,  either  within 
or  without  said  city. 


Fortieth.*  To  take  stock  in  any  chartered  company  to  take 

J . stock  in 

for  making  roads  to  said  city,  or  for  watering  said  city, ™adan<^ 
and  in  any  company  authorized  or  empowered  by  the  panies* 
Board  of  Commissioners  of  Vanderburgh  County,  to 
build  a bridge  on  anv  road  leading  to  said  city  ; and  to 
establish,  maintain,  and  regulate  ferries  across  the  Ohio 
Biver  from  the  public  wharves  of  said  city  : Provided 9 
That  no  stock  shall  be  subscribed  or  taken  by  the  Com- 
mon Council  in  any  such  company,  unless  it  be  on  the 
petition  of  two-thirds  of  the  residents  of  said  city,  who 
are  freeholders  of  the  city,  distinctly  setting  forth  the 
company  in  which  stock  is  to  be  taken,  and  the  number 
and  amount  of  shares  to  be  subscribed  ; And  provided l 
also , That  in  all  cases  where  such  stock  is  taken,  the 
Common  Council  shall  have  power  to  borrow  money, 
and  levy  and  collect  a tax  on  all  real  estate  (either  in- 
clusive or  exclusive  of  improvements,  at  their  discre- 
tion), for  the  payment  of  said  stock. f 


Forty-first.  To  borrow  money  for  the  use  of  the  city  Borrow 


of  Evansville. 


money. 


Forty-second.  To  lay  out,  open  and  make  new  streets  Tolay 

and  alleys,  highways,  and  wharves,  and  to  alter,  con-  etc.str< 

tract,  widen,  or  discontinue  any  street,  alley,  or  public 

wharf  now  made  or  hereafter  to  be  made  in  said  citv 

*7 , 

subject  to  the  rules  and  regulations  hereinafter  contained 


Forty-third.  To  prohibit  or  permit  and  regulate  theToregu- 

^ ^ ^ la.t6  8/iid,  li~ 

sale  of  horses  and  other  animals,  and  merchandise,  and  cense  auc- 

tioneers. 

all  other  kinds  of  property,  real  or  personal,  at 
auction  in  the  streets,  stores,  shops,  or  elsewhere  within 


-'Amended ; see  Act  of  December  21, 1365,  Sec.  1,  and  of  March  11,  1867— post. 
fFoRTiKTH.  As  to  Evansville  and  Illinois  Railroad  Company,  see  Act  of 
1849-post. 


4 


26 


CHARTER  OF  THE 


Wharves 
and  whar- 
fage. 


To  levy 
revenue. 


Robbers, 

<fcc. 


Board  of 
health . 


City 

watch. 


Taverns, 

groceries, 

&c. 


the  city,  and  to  appoint  and  license  auctioneers,  and 
regulate  their  conduct. 

Forty-fourth?  To  regulate  all  wharves  on  the  shore  of 
the  Ohio  River  in  front  of  or  adjoining  said  city, 
whether  the  same  be  public  or  private,  and  the  amount 
of  wharfage  to  be  charged  at  or  for  the  use  of  the  same. 

Forty-fifth.  To  levy  and  collect  a revenue  for  the  use 
of  the  city  of  Evansville,  in  the  manner  hereinafter 
prescribed. 

Forty -sixth.  To  prevent  injuries  to  the  inhabitants  of 
the  said  city,  or  their  property,  from  thieves,  robbers, 
burglars,  and  all  pther  persons  violating  the  public  peace. 

Forty-seventh.  To  establish  a Board  of  Health  for  said 
city,  and  to  invest  it  with  such  powers  and  impose  upon 
it  such  duties  as  may  be  deemed  necessary  or  proper  to 
preserve  the  health  of  said  city,  and  to  secure  the  in- 
habitants thereof  from  the  evils,  distress,  and  calamities 
of  contagious,  infectious,  or  malignant  diseases,  by  the 
adoption  and  execution  of  such  rules,  orders,  and  regu- 
lations as  may  be  deemed  by  such  Board  of  Health 
proper  to  prevent  the  commencement,  continuance,  or 
spread  of  any  such  disease  ; to  provide  for  the  proper 
organization  of  such  Board  of  Health,  and  the  election 
or  appointment  of  the  officers  thereof,  and  to  make 
such  by-laws  and  rules  for  its  government  and  support 
as  shall  be  required  for  the  prompt  performance  of  its 
duties  and  the  lawful  exercise  of  its  powers. 

Forty -eighth.  To  establish,  organize,  and  maintain  a 
city  watch,  and  define  the  powers  and  prescribe  the 
duties  thereof. 

Forty-ninth.  To  regulate  all  taverns,  groceries,  coffee- 
houses, and  ale  and  porter  shops,  houses,  and  cellars, 
and  all  other  houses  and  places  where  beer,  ale,  porter, 
wine,  or  cider  is  sold  by  retail,  or  where  spirituous 
liquors  are  sold  by  a less  quantity  than  a quart,  and  all 
other  houses  of  public  entertainment  in  said  city,  and 
all  theatrical  exhibitions  and  concerts,  and  all  exhibi- 


CITY  OF  EVANSVILDE. 


27 


tions  of  whatever  name  or  nature  to  which  admission  is 
obtained  by  the  payment  of  money,  or  any  other  re- 
ward,* and  to  regulate  all  ferries  across  the  Ohio  River 
from  said  city,  or  from  in  front  thereof  to  the  opposite 
shore. 

Fiftieth.  The  said  Common  Council  shall  have  the  Licenses, 
exclusive  power  to  grant  licenses  to  tavern-keepers,  inn- 
keepers, retailers  of  spirituous  liquors  by  a less  quantity 
than  a quart,  keepers  of  ale,  porter,  cider,  and  wine 
shops,  houses,  and  cellars,  and  all  other  houses  and 
places  of  public  entertainment;  and  showmen  and 
keepers  and  managers  of  theatrical  exhibitions,  con- 
certs, menageries,  circuses,  and  all  other  exhibitions  for 
money  or  other  reward ; and  auctioneers,  keepers  of 
ferries  across  the  Ohio  River,  from  or  from  in  front  of 
said  city ; and  persons  vending,  at  retail,  goods,  wares, 
merchandise,  or  personal  property  of  any  kind  or 
description,  at  or  upon  boats  or  water  crafts  of  any  kind 
lying  in  the  canal  within  said  city,  or  in  the  Ohio  River 
between  said  city  and  the  middle  of  said  river,  whether 
such  boat  or  water  craft  be  resting  upon  or  in  anywise 
fastened  to  the  shore  or  bottom  of  the  river,  or  floating 
and  anchored,  or  otherwise  made  stationary  in  the  river; 
and  in  granting  such  licenses  as  by  this  act  the  Common 
Council  are  authorized  to  grant,  said  Common  Council 
shall  charge  such  sum  or  sums  of  money  as  they  may 
think  fit  and  reasonable,  and  annex  to  such  licenses  such 
terms  and  conditions  as  in  their  opinion  the  peace,  good 
order  and  general  interests  of  the  city  may  require ; 
and  if  any  person  so  licensed  shall  be  convicted  of  vio- 
lating any  such  condition,  or  suffering  it  to  be  done  by 
any  person  in  his  employ,  whether  such  conviction  be 
upon  information  and  proceedings  had  thereon  to  prove 
and  establish  such  violation  dnly,  or  in  an  action  brought 
to  recover  the  penalty  prescribed  for  such  violation,  the 
Mayor,  or  other  officer  acting  as  such,  shall  have  full 

* See  License  Law  of  March  5f  1859,  Sec.  16,  and  Act  of  March  6, 1865— post. 


28 


CHARTER  OF  THE 


Construc- 
tion of 
chimneys. 


Obedience 
to  ordi- 
nances, 
how  en- 
forced. 


Ordi- 
nances 
how  pub- 
lished, ard 
when  in 
force. 


power  and  authority  to  suspend,  for  a limited  time,  or 
wholly  annul  such  license,  and  enter  up  judgment  ac- 
cordingly.* 

Fifty -first.  To  regulate  and  prescribe  the  manner  of 
the  construction  of  chimneys,  fire  places,  stove  pipes 
and  hearths,  and  to  compel  the  alteration  of  such  as  are 
improperly  constructed,  and  to  make  and  enforce  all 
such  rules,  by-laws  and  ordinances  as  may  be  proper  or 
necessary  to  prevent  the  destruction  of  property  by  the 
careless  or  improper  use  of  fire  and  lights,  or  by  im- 
properly or  carelessly  placing  hay  or  any  other  highly 
combustible  substance  so  near  to  a chimney,  fire  place 
or  stove,  or  other  place  where  fire  is  kept  or  used,  as  to 
make  it  liable  to  be  burned ; and  in  order  to  enforce 
such  rules,  by-laws  and  ordinances,  the  Common  Coun- 
cil shall  have  power  to  appoint  fire  wardens,  and  define 
their  powers  and  prescribe  their  duties. 

Sec.  31.  Obedience  to  and  observance  of  all  rules 
by-laws,  ordinances  and  police  regulations  made  in 
pursuance  of  this  act,  shall  be  enforced  (except  as  herein 
otherwise  provided)  by  imposing  suitable  penalties  upon 
the  person  or  persons  violating  the  same,  to  be  recov- 
ered, together  with  the  costs  of  suit,  in  an  action  of 
debt,  or  an  action  on  the  case,  in  any  court  of  compe- 
tent jurisdiction. 

Sec.  32.  Unless  otherwise  provided  by  the  Common 
Council,  every  ordinance,  by-law  or  police  regulation  of 
a general  nature,  or  effecting  the  whole  city,  or  relating 
to  the  conduct  of  the  people  generally,  and  imposing  any 
penalty  or  forfeiture  for  a violation  of  its  provisions,  shall 
take  effect  and  be  in  force  from  and  after  its  publication 
in  a newspaper  printed  and  published  in  the  city ; but 
until  it  is  so  published  at  least  once,  no  such  ordinance, 
by-law  or  regulation  shall  under  any  circumstances  take 
effect  or  be  in  force,  and  the  affidavit  of  the  printer  or 
publisher  of  any  such  newspaper,  made  before  any  officer 


"See  License  Law  of  March  5,  1859,  Sec,  16,  ahd  Act  of  March  6,  1865— post. 


CITY  OF  EVANSVILLE. 


29 


authorized  to  administer  oaths,  and  filed  with  the  Clerk 
of  the  Common  Council,  shall  be  sufficient  evidence  of 
the  fact  of  such  publication,  and  the  time,  place  and 
manner  thereof,  and  the  Common  Council  shall  cause  to 
he  entered  on  their  record,  at  the  conclusion  of  each  and 
every  such  ordinance,  a statement  of  the  fact  that  the 
same  has  been  published  as  aforesaid ; and  the  time  of 
such  publication,  and  the  printed  statement  immediately 
after  the  title  or  at  the  conclusion  of  any  such  ordinance, 
by-law  or  regulation,  purporting  to  be  printed  by  autho- 
rity of  said  Common  Council,  of  the  fact  that  the  same 
was  published  and  took  effect,  or  was  in  force  at  a par- 
ticular time;  shall  be  rprima  facie  evidence  in  all  courts  of 
such  publication,  and  the  time  such  by-law,  ordinance 
or  regulation  took  effect.  All  other  laws,  ordinances, 
rules,  regulations  and  orders  shall  take  effect  and  be  in 
force  from  and  after  their  passage,  unless  otherwise  di- 
rected by  the  Common  Council.  * 

Sec.  33.  All  actions  brought  to  recover  any  penalty  in- Actions, 
curred  under  this  act.  or  the  ordinances,  by-laws,  rules  and  brought; 

7 7 J 1 penalties, 

regulations  made  in  pursuance  thereof,  shall  be  brought  j^coi-^ 
in  the  name  of  “The  City  of  Evansville,”  and  all  fines  p^ocSy 
and  penalties,  when  collected,  shall  be  paid  into  the  treas-  practice 
ury  of  said  city  : The  first  process  in  every  action  shall  charter, 

be  a warrant  or  capias,  commanding  the  proper  officers 
to  arrest  the  defendant  or  defendants  in  such  action,  and 
bring  him,  her  or  them  forthwith  before  the  Mayor,  or 
such  other  person  as  may  at  the  return  of  such  writ  be 
acting  as  M%or,  then  and  there  to  answer  the  charge 
made  against  such  defendant  or  defendants  in  such  ac- 
tion : The  trial  of  any  such  action  may  be  postponed, 

if  justice  require  it,  but  in  such  case  the  defendant  may 
he  required  to  give  bail  in  a reasonable  sum  to  appear  at 
the  the  time  and  place  appointed  for  the  trial,  and  not 
depart  without  leave,  and  in  default  of  giving  such  bail 
when  required  as  aforesaid,  the  defendant  shall  be  com- 
mitted to  prison  by  order  of  the  Mayor  or  other  officer 
acting  as  such,  there  to  remain  until  the  time  fixed  for 


30 


CHARTER  OF  THE 


the  trial,  unless  before  that  time  such  bail  be  given  : The 
bail  bond  or  recognizance  to  be  taken  for  the  appear- 
ance of  every  such  defendant,  shall  be  taken  and  ap- 
proved by  the  Mayor  or  other  person  acting  as  such,  and 
shall  be  made  payable  to  the  City  of  Evansville,  and  the 
mone)  therein  specified  may  be  sued  for  and  recovered 
in  the  name  and  for  the  use  of  said  city,  if  the  condition 
or  conditions  thereof  shall  be  broken.  Where  judgment 
is  entered  against  any  defendant  for  any  penalty  or  for- 
feiture above  in  this  section  specified,  it  may  be  made  a 
part  of  the  judgment  that  the  defendant  stand  commit- 
ted until  the  judgment  and  costs  are  paid  or  replevied, 
and  the  defendant  shall  be  committed  to  prison  accord- 
ingly; or  judgment  may  be  entered  and  execution  en- 
forced as  in  ordinary  actions  of  debt  or  assumpsit  before 
justices  of  the  peace,  and  all  such  judments  on  the  May- 
or’s docket  may  be  replevied  by  giving-  sufficient  secu- 
rity to  the  satisfaction  of  the  Mayor  or  other  person  act- 
ing as  such,  in  the  same  manner  that  judgments  in  civil 
cases  on  the  dockets  of  justices  of  the  peace  are  or  may 
be  replevied,  and  after  the  stay  of  execution  has  expired, 
such  judgments  may  be  collected  upon  execution  in  like 
manner  as  justices’  judgments  are  or  may  at  the  time 
be  collected. 


Compe- 
tency of 
jurors, 
witnesses, 
&c. 


Sec.  34.  No  person  shall  be  incompetent  as  a judge, 
juror  or  witness  in  any  action  in  which  said  city  is  a 
party  or  interested,  by  reason  of  such  person’s  being  an 
inhabitant,  citizen  or  freeholder  of  said  city. 


Power  to  Sec.  35.  For  the  purposes  of  revenue,  the  Common 

levy  and  r r 7 

cohect  tax.  Qounc-j  g^p  paVe  power  to  levy  and  cause  to  be  as- 
sessed and  collected,  once  in  each  year,  an  ad  valorem 
tax  upon  all  property,  real  and  personal,  within  said 
city,  and  on  all  money  and  capital  within  said  city, 
which  is  or  may  be  subject  to  taxation  for  county  pur- 
poses, whether  such  money  or  capital  be  actively  em- 
ployed or  not,  and  on  all  money  bearing  interest  and 


CITY  OF  EVANSVILLE. 


31 


payable  to  any  inhabitant  of  said  city;*  and  also  a poll 
tax  of  not  exceeding  one  dollar  upon  every  male  inhabi- 
tant of  said  city  of  the  age  of  twenty-one  years  or  up- 
wards, and  sane  and  not  a public  charge  as  a pauper; 
also  a specific  tax  on  dogs  and  bitches;  Provided , That 
such  ad  valorem  tax  shall  not  exceed  three-fourths  of 
one  per  cent,  upon  the  value  of  the  property,  capital  or 
money  taxed;  Provided , also , That  in  assessing  such 
tax,  the  improvements  or  parts  thereof  on  real  estate, 
may  be  iucluded  or  excluded  at  the  discretion  of  the 
Council  and  a portion  of  said  revenue,  and  all  or  part 
of  the  penalties  to  be  collected  under  this  act  and  the 
laws  and  ordinances  made  in  pursuance  of  it,  may  be 
appropriated  at  the  discretion  of  the  Common  Council,  atiom^-ar 
tor  the  support  of  the  common  schools  within  said  city.  Scllools* 

Sec.  36.  After  the  second  Monday  in  April,  and  before  Assessor,  ^ 
the  first  Monday  in  May  (or  as  soon  thereafter  as  it  can  how  ap- 

\ pointed  j 

conveniently  be  done)  in  each  year,  the  Common  Coun-  his  oath 

. 7 .*/7  tip  and  bond. 

cil  of  said  city  shall  appoint  an  assessor,  who,  before 
entering  upon  the  discharge  of  his  duties,  shall  take  an 
oath  to  truly,  faithfully  and  impartially  discharge  his 
duties  as  assessor,  and  also  give  a bond  with  freehold 
security,  payable  to  the  city  of  Evansville,  and  condi- 
tioned for  the  faithful  discharge  of  such  duties,  which 
bond  shall  be  to  the  satisfaction  of  and  approved  by  the 
Common  Council:  Provided , That  the  Common  Coun- 
cil may  appoint  more  than  one  assessor  if  they  deem  it 
expedient  to  do  so ; and  if  more  than  one  assessor  be 
appointed,  they  shall  act  either  in  conjunction  or  sever- 
ally, as  the  Common  Council  shall  order  or  direct. f 

Sec.  37.  It  shall  be  the  duty  of  the  assessor  or  asses-  Assessor's 
sors  to  proceed  forthwith  to  make  out  a full  and  fair  dutles’ 
list  or  lists  of  all  persons,  and  all  real  and  personal 
estate,  and  all  polls  to  be  taxed,  placing  the  names  of 
persons  in  alphabetical  order,  setting  opposite  the  name 


* See  Act  of  March  6,  1865— post, 
t See  Act  of  March  10, 1852— post. 


32 


CHARTER  OF  THE 


of  each  person  the  value  of  his  or  her  personal  estate 
subject  to  taxation,  according  to  the  thirty-fifth  section 
of  this  act,  and  also  a description  of  all  lots  and  parts 
of  lots  owned  or  claimed  by  such  person,  and  the  value 
thereof,  including  improvements  thereon,  unless  other- 
wise directed  by  the  Common  Council.  He  shall  also, 
unless  otherwise  directed  as  aforesaid,  make  out  a sepa- 
rate list  of  such  of  the  following  things  as  are  taxable 
or  required  to  be  licensed  according  to  the  orders*  or 
ordinances  of  said  Common  Council,  placing  the  names 
of  the  owners,  keepers  or  managers  thereof  in  alpha- 
betical order,  and  placing  opposite  the  name  of  each 
those  things  for  which  he  or  she  is  liable  to  pay  tax  or 
procure  a license,  that  is  to  say  : All  dogs  and  bitches? 

carts,  wagons,  drays,  hacks  and  carriages,  taverns,  inns, 
groceries,  and  other  houses  and  places  where  spirituous 
liquors  are  sold  by  a less  quantity  than  a quart,  ale 
porter,  cider,  beer,  and  wine  shops,  houses  and  cellars, 
and  other  houses  and  places  of  public  entertainment, 
shows,  menageries,  circuses,  theaters,  concerts  and  other 
exhibitions  for  money  or  other  reward,  ferries,  and 
boats  or  water  crafts  lying  in  the  Ohio  River  or  on  the 
shore  thereof,  or  in  the  canal,  on  or  at  which  merchan- 
dise or  personal  property  of  any  kind  is  sold  at  retail ; 
which  list  shall  be  appended  to  and  returned  with  the 
assessment  roll ; and  the  said  assessment  roll  and  list 
shall  be  completed  and  returned  by  the  assessor  to  the 
Clerk  of  the  Common  Council  by  the  first  Monday  in 
July  next  after  the  appointment  of  such  assessor,  unless 
further  time  be  given  him  by  order  of  the  Common 
Council.* 

• Sec.  38.  In  order  to  ascertain  the  value  of  the  personal 
duties,  estate  taxable  as  herein  before  provided,  it  shall  be  the 
duty  of  the  assessor  to  require  each  person  owning, 
possessing  or  controlling  the  same,  to  state  to  him  under 
oath,  in  writing  or  orally,  (at  his  discretion,  or  as  shall 


* See  act  of  March  7,  1857— post. 


CITY  OF  EVANSVILLE. 


33 


be  ordered  or  required  by  the  Common  Council  or  their 
ordinances,)  the  value  of  each  several  kind  or  species 
of  personal  estate  taxable  as  aforesaid,  and  belonging 
to,  possessed  or  controlled  by  such  person,  according  to 
the  best  of  his  knowledge,  recollection  and  belief, 
which  oath  such  assessor  is  hereby  authorized  to  admin- 
ister; and  any  person  who  shall  knowingly  and  wil- 
fully swear  falsely  when  so  sworn  by  any  such  assessor, 
shall  be  deemed  guilty  of  perjury,  and  on  conviction 
thereof  shall  be  punished  accordingly ; and  in  case  any 
person  shall  fail  or  refuse  when  called  on  for  that  pur- 
pose, to  state  to  the  assessor,  under  oath  as  in  this  sec- 
tion provided,  the  value  of  the  personal  estate  taxable 
as  aforesaid,  and  owned,  possessed  or  controlled  by  such 
person,  it  shall  be  the  duty  of  the  assessor  to  affix,  from 
the  best  information  he  can  get,  a fair  valuation  of  the 
personal  estate  owned,  possessed  or  controlled  by  such 
person,  and  the  valuation  so  fixed  may  be  increased  by 
the  Common  Council,  but  they  shall  Yiot  decrease  it, 
unless  it  shall  appear  that  the  assessor  has  intentionally 
and  knowingly  fixed  such  valuation  too  high.f 

Sec.  39.  The  value  of  personal  estate  fixed  under  oath  Assessors 

. . . duties. 

by  the  person  owning,  possessing  or  controlling  the 
same,  as  provided  in  the  thirty-eighth  section  of  this 
act,  shall  be  final  and  conclusive.  Where  any  person 
owning,  possessing  or  controlling  personal  estate  is 
absent  and  cannot  be  found  and  required  to  state  the 
value  thereof  under  oath,  the  assessor  shall  fix  the  value 
thereof  according  to  the  best  information  he  can  get, 
and  the  value  so  fixed  may  be  altered  by  the  Common 
Council,  either  by  increasing  or  decreasing  it,  if  they 
think  it  incorrect,  and  the  assessor  shall  note  on  the 
assessment  roll  opposite  the  names  of  such  absent  per- 
sons, the  fact  of  such  absence,  and  opposite  the  names 
of  persons  owning,  possessing  or  controlling  personal 
estate  which  has  been  valued  by  the  assessor  in  conse- 


tSee  Act  of  March  6,  1865,  (amending  Charter,)  Sec.  5,  6 and  7 — post. 


34 


CHARTER  OF  THE 


Rate  of 
t ax  when 
fixed. 


Clerk’s  du- 
ties as  to 
assess- 
ment, as- 
sessment 
roll  and 
duplicate. 


quence  of  the  refusal  to  swear  to  the  value  thereof,  the 
fact  of  such  refusal,  in  order  that  the  Common  Council 
may  know  the  personal  estate  the  value  of  which  they 

mav  alter. 

•/ 

Sec.  40.  After  the  return  of  the  assessment  roll  or 
rolls,  and  by  the  third  Monday  in  July  in  each  year,  if 
such  roll  or  rolls  have  been  returned  in  time,  (and  if 
not  then  as  soon  thereafter  as  practicable),  the  Common 
Council  shall  fix  the  rate  of  tax  to  be  levied  on  real 
and  personal  estate,  and  polls,  dogs  and  bitches,  and  the 
amount  to  be  charged  for  licenses  of  all  kinds.* 

Sec.  41.  It  shall  be  the  duty  of  the  Clerk  of  the  Com- 
mon Council  to  calculate  and  carry  out  on  said  assess- 
ment roll  or  rolls,  the  amount  of  tax  chargeable  against 
each  person  named  therein,  and  against  each  piece  of 
property  listed  to  persons  unknown,  according  to  the 
rate  fixed  in  pursuance  of  the  fortieth  section  of  this 
act,  and  within  one  monthf  after  the  rate  of  taxation 
is  fixed  as  provided  in  said  fortieth  section,  said  Clerk 
shall  make  out  and  deliver  to  the  collector  a complete 
copy  or  duplicate  of  such  assessment  roll  or  rolls,  and 
also  of  the  list  of  persons  taxable  for  dogs,  bitches  and 
licenses,  to  which  shall  be  annexed  a precept  signed  by 
the  Mayor,  with  the  corporate  seal  of  the  city  annexed 
thereto,  commanding  the  collector  to  collect  and  make 
the  taxes  in  such  duplicate  specified,  by  distraining  and 
selling  the  goods,  chattels,  lands  and  tenements  of  each 
person  therein  named,  for  the  taxes  charged  against 
such  person,  including  the  taxes  on  dogs  and  bitches; 
and  also  to  collect  the  sums  charged  in  the  aforesaid 
list  for  licenses.  But  before  such  duplicate  is  made  out, 
the  Common  Council  shall  appoint  some  time  and 
place  (of  which  notice  shall  be  given  by  advertisement 
at  least  one  week  previously)  to  sit  and  examine  said 
assessment  roll  or  rolls,  and  while  so  sitting  at  the  time 
and  place  appointed  as  aforesaid,  the  said  Common 

* See  Act  of  March  6, 1865.  (amending  Charter,)  Sec.  5,  6 and  7— post. 

f See  Act  of  March  7, 1857— post. 


CITY  OF  EVANSVILLE. 


35 


Council  shall  have  power  to  correct  all  errors  in  said 
assessment  roll,  as  to  the  names  of  persons,  or  as  to 
description  or  ownership  of  property,  and  clearly  estab- tion* 
lished  mistakes  of  the  assessor  in  stating  the  value  of 
personal  estate  sworn  to  by  any  person,  and  errors  as  to 
the  value  of  personal  estate  valued  by  the  assessor  in 
consequence  of  the  absence  of  the  person  owning  or 
having  possession  or  control  thereof,  or  in  consequence 
of  the  refusal  or  failure  of  such  person  to  swear  to  the 
value  thereof,  subject,  however,  to  the  provisions  of  the 
thirty-eighth  section  of  this  act;  also,  to  equalize  the 
valuation  of  real  estate,  by  increasing  or  decreasing  the 
valuation  fixed  in  said  assessment  roll  or  rolls  on  any 
lot  or  lots,  piece  or  pieces  of  ground  mentioned  therein  ; 
and  for  the  purpose  of  making  such  corrections  and. 
equalization,  the  Common  Council  shall  sit  at  least  three 
days,  and  their  presiding  officer  shall  have  power  to 
swear  and  examine  persons  making  complaint,  as  well 
as  other  witnesses,  touching  any  alleged  error. 

Sec.  42.  No  irregularity  as  to  the  time  of  appointing  irreguiari- 
an  assessor,  or  making  and  returning  an  assessment  roll, 
or  duplicate  and  precept,  or  appointing  a collector,  nor  Sent!’ 
any  mere  irregularity  or  informality  in  the  appointment 
or  qualification  of  any  assessor  or  collector,  shall  effect 
the  validity  of  any  such  assessment  of  taxes,  or  any 
duplicate  or  precept,  or  prevent  the  collection  of  such 
taxes. 

Sec.  43.  All  taxes  upon  real  estate  shall,  from  the  Taxes, 
time  the  assessment  roll  is  made  out  and  completed,  bewhafeS^ 
a lien  on  such  real  estate  to  the  same  extent  as  judg~tent  lieu®' 
ments  of  Courts  of  Record,  and  continue  a lien  until 
such  taxes  are  paid,  and  have  a preference  of  all  private 
claims,  and  all  taxes  on  personal  estate  shall  have  a 
preference  of  all  private  claims. 

Sec.  44.  As  soon  as  practicable  after  the  assessment  ap-or’ 
roll  is  made  out  and  completed,  the  Common  Council 
shall  appoint  some  suitable  person  Collector,  to  collect  deputies d 


« 


36 


CHARTER  OF  THE 


I)  uty  of 
collector 
in  collect- 
ing and 
paying 
overtaxes 


the  revenue  assessed,  who,  before  the  duplicate  and  tax 
list  and  precept  are  delivered  to  him,  shall  be  sworn  by 
some  competent  officer  to  faithfully  discharge  his  duties 
as  Collector,  and  also  enter  into  bond,  with  freehold 
security  to  the  acceptance  of  the  Common  Council,  in  a 
penal  sum  not  less  than  twice  the  amount  of  the  revenue 
by  him  to  be  collected,  and  conditioned  for  the  faithful 
performance  of  his  duties;  and  such  Collector  may 
appoint  deputies,  being  responsible  for  their  acts. 

Sec.  45.  As  soon  as  the  tax  duplicate  and  precept  are 
placed  in  the  hands  of  the  Collector,  he  shall  proceed 
.forthwith  to  collect  the  revenue  according  to  the  man- 
date of  the  precept,  and  complete  such  collection,  and 
pay  over  to  the  Treasurer  the  revenues  so  collected,  and 
return  such  duplicate  and  precept  to  the  Common 
Council,  or  their  clerk,  by  the  first  Monday  in  Novem- 
ber following  the  appointment  of  such  Collector.* 


iuaofficeof  Sec.  46.  In  case  of  the  death,  resignation,  inability, 
orassessor or  refusal  of  any  Assessor  to  make  or  complete  and 
hmv  fined.  return  an  assessment,  or  of  any  Collector  to  commence 
or  complete  the  collection  of  the  revenue,  the  Common 
Council  shall  appoint  another  Assessor  or  Collector  (as 
the  case  may  be),  who  shall  be  governed  in  all  respects 
by  the  same  rules  as  if  he  were  the  regularly  appointed 
Assessor  or  Collector. 

Taxes  on  Sec.  47.  Taxes  on  personal  estate,  polls,  dogs,  and 
?vhen^o\-y  bitches  may  be  collected  by  the  Collector  at  any  time 

lected  and. 

Row.  prior  to  the  second  Monday  of  March  next  after  his 
appointment,  and  also  money  charged  in  the  list  deliv- 
ered to  him  for  licenses;  which  collections,  if  made 
after  the  first  Monday  of  November,  shall  be  made  upon 
and  by  virtue  of  a copy  of  his  delinquent  list,  certified 
by  the  Mayor  and  attested  by  the  Clerk,  under  the  cor- 
porate seal,  to  which  shall  be  attached  a precept  similar 
to  the  one  required  to  be  attached  to  the  tax  duplicate. 


-See  Act  of  March  7, 1857— post. 


37 


• ■ 7Xt. 

CITY  OF  EVANSVILLE. 

Sec.  48.  The  Common  Council  shall  have  full  power  Party 
to  regulate  the  building  of  party  walls  of  stone  or  brick 
houses  within  the  city,  and  the  quality  of  materials  to 
be  used  in  such  walls,  and  the  depth  below  the  surface 
of  the  earth  at  which  such  walls  or  the  foundations 
thereof  shall  commence,  and  the  thickness  and  length 
of  such  walls  and  the  foundations  thereof,  and  the 
height  to  which  the  same  shall  be  built  above  the  sur- 
face of  the  earth  ; and  in  accordance  with  the  by-laws 
and  ordinances  of  the  Common  Council,  passed  in  pur- 
suance of  this  section  of  this  act,  it  shall  be  lawful  for 
any  person  or  persons  about  to  build  any  stone  or  brick 
house  of  any  kind  on  any  piece  of  ground  within  the 
city  of  Evansville,  which  is  bounded  on  any  side  or  end 
by  the  private  property  of  any  other  person  or  persons, 
to  build  his,  her,  or  their  wall  or  walls  on  any  line 
dividing  his,  her,  or  their  ground  from  that  which 
adjoins  it  as  aforesaid,  placing  such  wall  lengthwise 
along  said  line,  and  one-half  of  such  wall  on  each  side 
of  such  line;  and  when  any  such  wall  shall  be  so  built 
of  brick  or  stone,  of  the  height,  depth,  breadth,  and 
thickness,  and  in  the  manner  and  of  the  quality  of 
materials  prescribed  by  such  by-laws  and  ordinances,  it 
shall  be  a party  wall,  and  the  persons  owning  the 
ground  on  either  side  thereof  shall  have  the  right  to 
use  the  same  in  any  lawful  manner:  Provided , That  no 
person  other  than  the  person  building  such  wall  shall 
be  compelled  to  maintain  or  keep  the  same  in  repair,  or 
to  pay  any  part  of  the  expenses  of  building,  repairing, 
or  maintaining  the  same  until  such  wall  or  some  part 
thereof  shall  be  used  by  such  other  person,  by  attaching 
another  house  to  it,  or  making  it  constitute  one  side  or 
wall,  or  part  of  one  side  or  wall,  of  another  house  of 
some  kind,  erected  on  the  ground  adjoining  that  of  the 
person  who  erected  such  wall ; and  when  any  person 

other  than  the  person  who  may  have  erected  any  such 
party  wall  may  desire  to  use  such  wall  by  attaching 
another  house  of  any  kind  to  it,  or  by  making  such 


38 


CHARTER  OP  THE 


Pa.ity 
wall  8. 


party  wall  part  of  any  such  other  house,  or  one  wall  or 
part  of  one  wall  of  such  other  house,  such  person  so 
desiring  to  use  such  wall  shall  first  pay  to  the  person 
or  persons  who  built  the  same,  or  his,  her,  or  their  heirs 
and  assigns,  one -half  of  the  full  value  of  such  wall,  i 
the  same  be  demanded  by  the  person  entitled  thereto, 
personally,  or  by  agent  or  attorney ; and  after  such 
demand  is  made,  no  person  shall  attach  any  other  house 
to  such  party  wall,  or  proceed  any  further  in  erecting 
or  finishing  the  same,  or  commence  or  proceed  any 
further  in  erecting  or  finishing  any  such  other  house  of 
which  said  party  wall  will  in  any  wise  form  a part  or 
one  wall,  or  a part  of  a wall  thereof  without  first  pay- 
ing to  the  person  or  persons  who  built  such  party  wall, 
or  his,  her,  or  their  heirs  or  assigns,  one-half  of  the  full 
value  of  such  party  wall ; but  after  making  such  pay- 
ment such  party  wall  shall  be  the  joint  property  of  the 
persons  owning  the  houses  between  which  such  party 
wall  forms  a partition  ; and  the  Common  Council  shall 
appoint  three  freehold  citizens  of  the  city  surveyors  to 
view  and  estimate  the  value  of  party  walls,  when  the 
parties  interested  cannot  agree;  and  such  surveyors 
when  requested  to  do  so  by  any  person  interested,  shall 
proceed  to  view  and  carefully  examine  any  such  party 
wall,  and  after  such  view  and  careful  examination,  to 
appraise  and  fix  a value  upon  the  same,  which  appraise- 
ment and  valuation  being  made  in  writing,  and  verified 
by  the  affidavits  of  such  surveyors,  or  a majority  of 
them,  shall  be  final  and  conclusive ; but  before  such 
examination  and  appraisement,  all  the  parties  interested, 
or  their  agents,  attorneys,  or  guardians,  shall  be  noti- 
fied, if  practicable,  of  the  time  of  making  the  same,  in 
such  manner  as  the  Common  Council  shall  prescribe  by 
ordinance  or  by-law.  The  Common  Council  shall  have 
power  to  make  such  rules  for  the  government  of  such 

surve}mrs,  in  the  discharge  of  their  duties,  as  they  may 
deem  proper,  not  inconsistent  with  this  act.  Such  sur- 
veyors, when  so  appointed,  shall  have  and  exercise  all 


CITY  OF.  EVANSVILLE. 


39 


the  powers  and  perform  all  the  duties  of  fence-viewers 
within  said  city,  and  for  their  services  shall  be  entitled 
to  such  fees  as  the  Common  Council  shall  by  ordinance 
direct.* 

Sec.  49.  All  taxes  shall  he  collected,  if  practicable, Taxes, ^ ^ 
and  paid  over  to  the  City  Treasurer  by  the  first  Monday  how^col-  ^ 
of  November  of  each  year.f  Taxes  on  polls,  personal  final  set- 
estate,  and  dogs  and  bitches  remaining  unpaid  after  when 
that  time  shall  be  collected,  as  far  as  practicable,  and 
paid  over  to  the  City  Treasurer,  by  the  second  Monday 
in  March  following,  at  which  time  the  Collector  shall 
make  a final  settlement  with  the  Common  Council  of 
his  doings  and  business  as  Collector,  unless  further  time 
shall  be  given  him  by  the  Common  Council  to  any  day 
between  that  time  and  the  first  Monday  in  the  next 
April  thereafter,  in  which  case  he  shall  make  settlement 
at  the  time  allowed  and  appointed  therefor  by  the  Com- 
mon Council.  When  the  duplicate  and  precept  are 
placed  in  the  hands  of  the  Collector,  he  shall  give  pub- 
lic notice  thereof,  by  advertisement,  two  weeks  succes- 
sively, in  a newspaper  printed  and  published  in  the 
city,  stating  also  in  said  notice  where  his  office  is,  and 
calling  upon  the  people  to  pay  their  taxes.  He  shall 
not  be  required  to  make  a demand  of  taxes  from  any 
person  charged  therewith,  but  shall  keep  his  office  open 
for  the  reception  of  taxes  for  one  month  next  before 
the  first  Monday  in  October  in  each  year,  between  ten 
o’clock  a.  m.  and  five  o’clock  p.  m,  of  every  day  except 
Sunday,  and  at  such  other  times  as  he  mav  think  proper.. 

At  any  time  after  the  first  Monday  in  October  the  Col- 
lector may  collect  taxes  on  polls,  personal  estate,  dogs 
and  bitches  by  seizing  and  selling  the  goods  and  chat- 
tels of  the  persons  whose  taxes  remain  unpaid. 

Sec.  50.  After  the  first  Monday  in  October,  and  by  sale  of 
the  first  Monday  in  November  in  each  year,;];  the  Col-  Sr  taxes, 
lector  shall  make  the  taxes  assessed  on  real  estate  either  thereo°c3Ce 


* Sec.  48,  See  Act  of  February  4,  1848.  Sec.  4— post, 
t See  Act  of  March  7,  1857, 

X See  Act  of  March  7,  1857— post. 


40 


CHARTER  OF  THE 


property  ^7  the  seizure  and  sale  of  the  goods  and  chattels  of  the 
a ud  notice  °.wner  or  claimant  thereof  or  by  selling  the  lot  or  piece 
thereof,  0f  groun(j  itself  upon  which  the  taxes  remain  unpaid, 
or  so  much  thereof  as  may  be  necessary  to  pay  such 
taxes  and  the  cost  of  advertising  and  sale,  giving  six 
days’  notice  of  the  time  and  place  of  selling  goods  and 
chattels,  by  written  advertisement  set  up  in  three  of  the 
most  public  places  in  the  city  (one  of  which  shall  be  in 
the  ward  where  the  sale  is  to  take  place),  and  giving- 
three  weeks’  notice  of  the  time  and  place  of  selling  real 
estate,  by  advertisement  for  three  weeks  successively  in 
a newspaper  printed  and  published  in  the  city  : Pro- 
vided, That  real  estate  so  sold  shall  remain  subject  to 
any  lien  which  the  State  or  the  county  of  Vanderburgh 
may  have  thereon  for  taxes,  or  by  mortgage,  judgment, 
or  recognizance. 


Real  es- 
tate, liow 
sold  for 
taxes,  and 
certificate 
of  pur- 
chase 
thereof. 


Collector’s 
return  of 
ieal  estate 
sold  for 
taxes. 
When  and 
how  real 
estate  may 
be  redeem- 
ed. 


Sec.  51.  In  selling  real  estate  for  taxes,  the  Collector 
shall  sell  the  least  portion  of  any  lot  or  piece  of  lot 
that  any  bidder  will  take  and  pay  the  taxes  due  there- 
on, with  the  costs  of  advertising  and  selling;  and  when 
any  person  shall  bid  for  a less  quantity  than  the  whole 
lot,  the  Collector  shall  declare  publicly  the  manner  in 
which  the  lot  or  piece  of  ground  shall  be  divided,  and, 
if  practicable,  he  shall  so  divide  it  as  not  to  make  it 
necessary  to  sell  the  same  piece  or  part  of  lot  for  State 
or  county  taxes.  Having  made  a sale  of  any  real  estate, 
the  Collector  shall  make,  acknowledge,  and  deliver  to 
the  purchaser  a certificate  thereof,  particularly  and  ac- 
curately describing  the  property  sold,  the  amount  it  was 
sold  for,  and  stating  the  time  within  which  it  may  be 
redeemed.* 

Sec.  52.  It  shall  be  the  duty  of  the  Collector  to  return 
to  the  City  Treasurer,  on  or  before  the  second  Monday 
in  November, f a statement  of  all  lots  and  parts  of  lots 
sold  for  taxes  by  such  Collector,  giving  in  such  state- 
ment the  name  of  the  person  to  whom  each  lot  or  piece 


* See  Act  of  March  7,  1857— post. 

t Sec.  51.  Modified  by  Act  of  February  4, 1848,  Sec,  3— post. 


CITY  OP  EVANSVILLE. 


41 


of  lot  sold  was  listed,  the  amount  of  tax  and  cost  paid  collector's 
by  the  purchaser,  and  the  day  when  the  same  was  sold,  ^ ^tate 
and  also  a particular  description  of  each  lot  or  part  of  and 
lot  sold.  And  the  owner  or  claimant  of  any  lot  or  ^t?te  may 
piece  of  lot  sold  as  aforesaid,  or  any  person  on  behalf  dlemed. 
of  such  owner  or  claimant,  may  redeem  the  same  at 
any  time  within  two  years  from  the  day  on  which  it 
was  sold,  by  depositing  with  the  Treasurer  aforesaid, 
for  the  use  of  the  purchaser,  the  taxes  and  costs  so  paid 
as  aforesaid,  together  with  interest  thereon  at  the  rate 
of  one  hundred  per  centum  per  annum  from  the  day  of 
sale  to  the  day  of  making  such  deposit  and  redemption. 


Sec.  53.  After  the  expiration  of  two  years  from  the  After  two 

**  years 

day  on  which  any  lot  or  piece  of  lot  is  sold  for  taxes,  it  treasurer 

J J r 1 to  indorse 

shall  be  the  duty  of  the  Treasurer  to  endorse  on  the  certificate 

*/  # of  pur- 

certificate  of  the  sale  thereof  given  by  the  Collector,  on  ehase^and 
the  application  of  any  person  holding  the  same,  a state  • ^sed^to 
ment  of  the  fact  that  the  lot  or  piece  of  lot  mentioned  adeed?  as 
in  such  certificate  has  not  been  redeemed;  which  state- 
ment or  certificate  of  the  Treasurer  shall  be  by  him  ac- 
knowledged before  some  competent  officer,  and  such 
certificate  of  the  Treasurer,  acknowledged  as  aforesaid, 
together  with  the  certificate  of  the  Collector,  made  and 
acknowledged  as  aforesaid,  shall  inure  and  have  the 
effect  to  vest  in  the  person  who  purchased  the  property 
therein  described  at  the  Collector’s  sale,  or  his  heirs  or 
assigns,  from  the  day  of  such  sale,  an  absolute  and  in- 
defeasible title  and  estate  in  fee  simple  to  and  in  the  lot 
or  piece  of  lot  of  ground  in  such  certificate  described, 
and  shall  be  admitted  to  record  in  like  manner  and 
with  like  effect  as  other  conveyances  of  real  estate,  and 
shall  be  conclusive  evidence  of  the  regularity  of  the 
Collector’s  sale,  and  shall  not  be  set  aside,  annulled,  or 
held  invalid  in  any  Court,  except  upon  proof  of  one  or 
more  of  the  following  facts,  viz.:  First — That  the  lot  or 
piece  of  lot  in  such  certificate  described  was  not  subject 
to  be  taxed  ; Second — That  the  taxes  charged  or  prop- 

L 6 


42 


CHARTER  OF  THE 


erly  chargeable  thereon  were  actually  paid  to  the  Col- 
lector or  his  deputy,  or  tendered  and  refused  before  the 

What  will  it  . •»  mi  i •.  i • 

invalidate  sale  ; Third — That  the  same  was  redeemed  as  herein 

title.  7 

provided  within  two  years  from  the  day  on  which  it 
was  sold  by  the  Collector. 

Property  Sec.  54.  At  any  time  before  the  sale  for  taxes  of  any 

released  ^ # J 

men? be-  Pr0Perty  real  or  personal,  the  owner  or  claimant  thereof, 
surplus6  or  any  person  on  his  behalf,  may  release  the  same  by 
from11 sale  Payiug  the  taxes  due  and  costs  so  far  accrued.  And 
poseddof’  whenever  any  balance  from  the  sale  of  goods  and  chat- 
tels, after  payment  of  the  taxes  and  costs  for  which  the 
same  were  sold,  shall  remain  in  the  hands  of  the  Col- 
lector, he  shall  pay  the  same  over  to  the  proper  person, 
if  demanded,  before  he  pays  the  same  into  the  treasury; 
after  which  the  Treasurer  shall  pay  the  same  to  the  per- 
son entitled  thereto,  on  demand;  to  enable  him  to  do 
which  the  Collector  shall  give  to  the  Treasurer,  when 
he  pays  the  same  over,  a statement  of  such  balance  and 
the  owners  thereof. 

collector’s  Sec.  55.  In  the  returns  of  the  Collector,  to  be  made  to 

return 

what  it  the  Common  Council,  or  their  clerk,  on  or  before  the 

shall  con- 
tain, and  ;first  Mondav  in  November,  and  on  or  before  the  second 

hnquen-’  Monday  hi  March,  he  shall  state  fully  and  accurately  the 
added*  t?  aggregate  amount  of  taxes  and  licenses  by  him  collected 
caS.dlipli'  anc^  the  aggregate  amount  of  taxes  remaining  unpaid, 
and  also  the  names  of  the  defaulters  and  the  amount  due 
from  each  defaulter,  and  the  reason  wliv  the  sum  due 
from  each  defaulter  was  not  collected;  and  such  returns 
shall  be  verified  by  the  affidavit  of  the  Collector;  and  to 
the  tax  list  of  any  succeeding  year  it  shall  be  lawful  to 
add  the  taxes  remaining  unpaid  for  any  year,  and  col- 
lect the  same  in  the  same  manner  as  if  they  had  been 
assessed  during  such  succeeding  year. 

Appoint-  Sec.  56.  The  Common  Council  shall  appoint  some  dis- 

ment,  A A 

SonllfiCnd  creet  person  City  Treasurer,*  whose  duty  it  shall  be  to 
Treasurer  receive,  keep,  and  disburse  all  money  and  revenue  be- 

* See  Act  of  March  10, 1832— post. 


CITY  OF  EVANSVILLE. 


43 


longing  to  the  city  of  Evansville,  or  raised  and  collected  ^g°int" 
by  virtue  of  this  act,  or  by  virtue  of  the  by-laws  and  SonUfiaCmi 
ordinances  made  in  pursuance  of  it.  He  shall  keep  Measurer, 
accurate  accounts,  in  such  manner  as  shall  be  directed 
by  the  Common  Council,  of  all  moneys  by  him  received 
and  disbursed,  and  perform  such  other  services  as  shall 
be  required  of  him  by  the  Common  Council.  Before 
entering  upon  his  duties,  every  such  Treasurer  shall  take 
an  oath  of  office  and  give  bond  payable  to  the  city  of 
Evansville,  with  freehold  security  to  the  satisfaction  of 
the  Common  Council,  in  a penalty  not  less  than  double 
the  amount  of  money  that  may  be  likely  to  be  in  his 
hands  at  any  one  time,  and  conditioned  for  the  faithful 
performance  of  his  duties  as  Treasurer,  and  the  faithful 
keeping,  paying  over,  and  accounting  for  all  money  and 
property  that  may  come  into  his  hands  as  Treasurer. 

Sec.  57.  All  money  that  may  be  raised,  recovered,  Revenues 

J J . 7 * to  be  paid 

received  or  collected  for  any  tax,  license,  forfeiture,  orintotreas- 

*7  7 7 7 ury,  and 

penalty,  or  which  may  belong  or  be  payable  to  the  city  £Srsedis~ 
of  Evansville,  shall  be,  when  collected,  paid  over  to  the 
City  Treasurer,  to  be  appointed  as  aforesaid ; and  no 
money  shall  be  paid  out  or  disbursed  by  such  Treasurer 
except  upon  orders  to  be  drawn  by  authority  of  the 
Common  Council,  signed  by  the  Mayor,  or,  in  his  ab- 
sence, one  of  the  Councilmen,  and  attested  by  the  Clerk. 

The  Treasurer  shall  receive  all  money  belonging  to  the 
city;  also,  the  list  returned  by  the  Collector  of  lots  or 
parts  of  lots  sold,  and  the  list  of  balances  due  persons 
for  property  sold  for  taxes,  and  to  receive  all  money 
that  may  be  offered  or  paid  by  or  on  behalf  of  any  owner 
or  claimant  for  the  redemption  of  any  lot  or  piece  of 
lot  sold  for  taxes,  and  give  a receipt  therefor,  specifying 
therein  the  lot  or  piece  of  lot  redeemed. 

Sec.  58.  Whenever  the  owners  of  lots  or  parts  of  lots  street, 

.......  . L alley,  and 

snail  desire  to  have  any  improvements  or  repairs  made?idewalk 

. * xl  i im  pro  ve- 

in or  upon  any  street  or  alley,  or  part  of  any  street  or“Qe^J_ 

alley,  in  front  or  rear  of  or  adjoining  such  lots  or  parts  made.and 


44 


CHARTER  OF  THE 


Street, 
alley,  and 
sidewalk 
improve- 
ments, 
how  or- 
dered and 
made. 


Real  es- 
tate how 
sold  to  pay 
expense  ot 
such  im- 
prove- 
ment. 


of  lots,  by  grading  or  paving,  graveling,  curbing,  gut- 
tering, or  in  any  other  way,  and  the  owners  of  five- 
eighths  of  the  whole  number  of  feet  of  ground  on 
each  side  of  the  street  or  alley,  or  part  of  street  or 
alley,  proposed  to  be  improved,  shall  by  themselves  or 
their  agents  express  their  desire  by  petition  to  the  Com- 
mon Council,  stating  in  such  petition  distinctly  and 
plainly  the  improvement  or  repairs  desired  to  be  made, 
it  shall  be  the  duty  of  the  Common  Council  to  cause 
such  improvements  or  repairs  to  be  made  in  the  best 
and  most  economical  manner,  and  the  expenses  thereof 
shall  be  assessed  and  charged  against  all  lots  and  parts 
of  lots  fronting  on  or  adjoining  the  street  or  part  of 
street,  or  alley  or  part  of  alley,  so  improved  or  repaired 
as  aforesaid,  equally  per  front  foot,  or  according  to  the 
value  of  such  lots  or  parts  of  lots;  and  in  order  that  it 
may  at  all  times  be  seen  whether  the  subscribers  to  such 
petition  represent  the  requisite  number  of  feet,  the  Clerk 
shall  enter  upon  the  record  of  the  minutes  of  the  pro- 
ceedings  of  the  Common  Council  the  petition  upon 
which  any  such  improvements  or  repairs  are  ordered  to 
be  made,  stating  on  the  record  the  names  of  the  peti- 
tioners and  the  number  of  feet  represented  by  each  ; 
and  the  Common  Council  may  provide  by  general  ordi- 
nance for  the  collection  of  the  costs  and  expenses  of  any 
such  repairs  and  improvements,  and  provide  also  by 
such  ordinance  for  the  sale  of  the  fee  simple  or  any 
other  estate  in  any  lot  or  part  of  lot  on  which  any  such 
expenses  remain  unpaid,  and  for  the  conveyance  of  the 
lot  or  part  of  lot  or  the  estate  therein  so  sold  to  the 
purchaser,  and  such  sale  and  conveyance  shall  vest  a 
good  and  indefeasible  title  in  the  purchaser  to  the  estate 
or  interest  so  sold.  Public  notice  of  the  time  and  place 
of  every  such  sale  shall  be  given  by  publication  in  a 
newspaper  printed  and  published  in  the  city,  for  at  least 
two  weeks  successively  next  before  the  sale  : Provided , 

That  the  expenses  of  making  such  improvements  or 
repairs  shall  not  be  assessed  on  lots  or  parts  of  lots 


CITY  OF  EVANSVILLE. 


45 


fronting  on  the  street  or  alley  improved  or  repaired,  aiieySimi 
according  to  the  value  of  such  lots  or  parts  of  lots,  ^prove- 
unless  three-fourths  of  all  the  Councilmen  shall  concur  £i^or- 
in  ordering  the  same  to  be  so  assessed,  nor  shall  the  im-  made.  amI 
provement  on  any  lot  or  part  of  lot  be  considered  in 
making  any  such  ad  valorem  assessment : And  provided 
also , That  the  Common  Council,  with  the  concurrence 
of  three-fourths  of  all  the  members  thereof,  may  order 
and  require  any  and  all  such  improvements  and  repairs 
of  streets  and  alleys  to  be  made  without  petition,  and 
either  charge  and  cause  all  or  anj  part  of  the  expenses 
thereof  to  be  collected  as  above  in  this  section  provided, 
or  cause  such  expenses  or  part  thereof  to  be  paid  out  of 
the  general  revenue  of  the  city  ; And  provided  also , 

That  the  word  “ street  ” or  “ streets,”  wherever  the 
same  is  used  in  this  section,  shall  be  construed  to  in- 
clude sidewalks. 

Sec.  59.  No  street,  lane,  alley  or  public  landing  shall 
be  discontinued  without  the  consent  of  the  owner  of  ^cation 
the  adjoining  property,  to  be  given  in  writing  andalleys* &c' 
spread  upon  the  records  of  the  Common  Council ; nor 
shall  any  new  street,  lane,  alley  or  public  landing  be 
made  by  order  of  the  Common  Council  through  private 
property,  nor  any  street  or  alley  made  wider,  without 
first  paying  to  the  owner  or  owners  of  the  property  to 
be  appropriated  in  making  or  widening  any  street,  lane, 
alley  or  landing,  (if  such  payment  be  demanded,)  the 
full  amount  of  the  real  injury  such  owner  or  owners 
may  sustain  thereby;  and  in  order  that  such  demand 
may  be  made,  it  shall  be  the  duty  of  the  Common 
Council  to  give  six  weeks  public  notice  by  advertising 
in  some  public  newspaper  printed  in  said  city,  of  their, 
intention  to  make  or  alter  any  such  street,  alley,  lane 
or  landing,  and  any  person  aggrieved  may,  at  any  time 
within  said  six  weeks,  apply  to  the  Common  Council 
for  redress,  by  petition  or  remonstrance  in  writing,  left 
with  the  Clerk  of  the  Common  Council,  and  containing 


46 


CHARTER  OF  THE 


Laying 
out  and 
vacation 
of  streets, 
alleys,  &c, 


Official 
bonds 
payable  t 
city,  not 
void  for 
want  of 
form. 


County 
jail  may 
be  used. 


a statement  of  the  injuries  complained  of,  and  the 
amount  demanded  therefor;  and  if  three-fourths  of  the 
members  of  the  Common  Council  shall  concur  in  order- 
ing the  amount  so  demanded  to  be  paid,  the  same  shall 
be  paid  out  of  the  common  treasury  of  the  city,  other- 
wise the  Common  Council  shall  appoint  two  disinter- 
ested freeholders  of  the  city,  and  the  applicant  for 
damages  shall  appoint  two  like  disinterested  freeholders 
of  said  city,  and  the  four  thus  appointed  shall  choose  a 
fifth,  and  the  five  persons  thus  appointed  and  chosen 
shall  view,  and  on  actual  view  and  examination,  assess, 
at  its  true  value,  the  damage  which  the  person  demand- 
ing damages  as  aforesaid  will  sustain  by  the  making 
and  establishing  any  such  new  street,  lane,  alley  or  pub- 
lic landing,  or  widening  any  street,  alley  or  lane  already 
established;  after  such  assessment  is  made  and  returned 
in  writing,  signed  and  sworn  to  by  a majority  of  the 
assessors  to  the  Common  Council,  it  shall  be  final  and 
conclusive  as  to  the  amount  of  such  damages,  and  the 
damages  so  assessed  shall  be  fully  paid  out  of  the  com- 
mon treasury  before  any  such  new  street,  lane,  alley  or 
public  landing  is  made  or  opened,  or  before  such  street, 
lane  or  alley  already  established  shall  be  widened.  If 
the  four  freeholders  first  selected  and  appointed  as 
aforesaid  cannot  agree  on  choosing  the  fifth,  then  the 
Common  Council  shall  appoint  him. 

Sec,  60.  All  bonds  given  in  pursuance  of  this  act  or 
the  by-laws,  ordinances,  or  orders  of  the  Common 
Council,  by  any  agent  or  officer  except  the  Mayor  and 
Marshal,  shall  be  made  payable  to  the  city  of  Evans- 
ville, and  no  such  bond  shall  be  void  or  ineffectual  for 
want  of  form  or  any  matter  in  the  absence  of  which 
the  intention  of  the  makers  thereof  is  clearly  manifest. 

Sec.  61.  Until  a city  jail  shall  be  erected,  the  city  of 
Evansville  shall  be  allowed  to  use  the  common  jail  of 
Vanderburgh  county,  and  the  Sheriff  of  said  county 
and  the  keeper  of  said  jail  shall  receive,  keep  and  dis- 


CITY  OF  EVANSVILLE. 


47 


charge  such  persons  as  may  be  committed  to  said  jailj^may 
by  authority  of  this  act,  or  the  by-laws,  and  ordinances  be  used* 
made  in  pursuance  of  it,  at  all  times  and  in  such  man- 
ner and  under  such  rules  and  restrictions  as  shall  be 
prescribed  in  such  by-laws  and  ordinances,  unless  such 
person  shall  be  otherwise  discharged  by  due  course  of 
law. 

Sec.  62.  The  Common  Council  shall  have  power,  by  council 

1 7 17  mayestab- 

ordinance  or  by-law,  to  establish  one  or  more  steamboat  lish  and, 
landings  in  front  of  said  city,  and  prohibit  the  landing  wharves, 
of  other  water  crafts  thereat,  and  to  prohibit  the  load- 
ing or  unloading  of  sheep,  cattle,  hogs,  horses,  and 
fowls,  or  other  offensive  or  unwholesome  commodity 
upon  or  from  boats  of  any  kind,  and  to  prohibit  boats 
having  such  lading  from  landing  or  lying  at  or  near  the 
shore  of  the  Ohio  River  on  the  Indiana  side  thereof, 
opposite  or  in  front  of  said  city,  or  within  one-half 
mile  above  said  city;  and  for  these  purposes  the  Com- 
mon Council  shall  have  jurisdiction  over  the  Ohio 
River  and  the  Indiana  shore  thereof  in  front  of  said 
city,  and  all  process  issued  by  the  Mayor  may  be  served 
and  executed  anywhere  on  the  Ohio  River  opposite  the 
county  of  Vanderburgh. 

Sec.  63.  The  Mayor  shall  cause  laws  and  ordinances.  Powers 

, . 7 and  duties 

rules  and  regulations,  made  m pursuance  of  this  act,  to°fmayor. 
be  duly  observed,  enforced  and  executed,  inspect  the 
conduct  of  all  officers  and  agents  appointed  by  the 
Common  Council,  and  cause  all  negligence,  carelessness, 
and  positive  violation  of  duty  by  them  to  be  promptly 
punished.  He  shall  keep  the  seal  of  the  city,  and  sign 
all  licenses,  permits,  and  commissions  which  may  be 
granted  by  [him]  or  by  authority  of  the  Common  Coun- 
cil. He  shall  keep  an  office  in  some  convenient  place 
in  the  city,  and  shall  have  power,  as  Mayor,  to  take  and 
certify,  under  the  corporate  seal  of  the  city,  all  ac- 
knowledgments and  proofs  of  deeds  of  conveyance, 
powers  of  attorney,  and  all  other  deeds  and  instruments 


48 


CHARTER  OF  THE 


of  writing,  according  to  the  law  and  usages  in  such 
and  duties cases  j also,  to  take  and  certify  depositions  and  affida- 
of  Mayor.  jn  ap  ca9es  whatever,  and  deeds  and  other  instru- 
ments of  writing,  and  depositions  and  affidavits  ac- 
knowledged or  taken  before  him  as  aforesaid,  and  cer- 
tified under  the  corporate  seal  of  the  city,  shall  be  re- 
ceived as  evidence,  without  further  authentication,  in 
all  courts  and  places,  in  like  manner  and  with  the  same 
effect  as  if  the  said  acknowledgments,  affidavits,  proof, 
and  depositions  had  been  taken  and  certified  by  any 
other  officer  authorized  by  law  to  take  and  certify  the 
same.  He  shall  have  such  powers  and  discharge  all 
such  duties  as  shall  be  lawfully  given  to  or  imposed 
upon  him  by  the  Common  Councillor  by  their  ordi- 
nances. The  Mayor  shall  also,  as  Mayor,  be  a judicial 
officer,  and  as  such  shall  have  exclusive  original  juris- 
diction to  hear  and  determine  all  suits,  actions,  and 
legal  proceedings  for  the  violation  of  any  ordinance  or 
ordinances,  rules  or  regulations  of  said  city,  and  for 
✓ that  purpose  to  cause  witnesses  and  jurors  to  be  sum- 

moned, and  compel  them  to  attend  in  the  same  manner 
and  under  like  circumstances  as  justices  of  the  peace 
have  or  may  have  power  to  do,  and  to  punish  contempts 
committed  by  attorneys,  witnesses,  parties,  jurops  and 
other  persons  in  the  same  way,  and  to  the  same  extent 
as  justices  of  the  peace  have  or  may  have  power  to 
punish  the  same.  He  shall  also  have  power  to  issue 
final  process,  and  compel  the  payment  of  judgments 
and  costs  on  his  docket  in  the  same  manner  as  justices 
of  the  peace  are  or  may  be  authorized  to  compel  the 
payment  of  judgments  and  costs  on  their  dockets. 
From  any  judgment  rendered  by  the  Mayor  in  any 
such  action  or  suit  as  is  above  in  this  section  mentioned, 
an  appeal  may  be  taken  to  the  Circuit  Court  of  Van- 
derburgh county  at  any  time  within  ten  days  after  the 
rendition  thereof,  in  the  same  manner  and  subject  to 
the  same  rules  and  restrictions,  and  with  the  same  effect 


CITY  OF  EVANSVILLE. 


49 


that  appeals  are  taken  in  like  cases  from  judgments  of  ^aSties 
justices  of  the  peace.  In  the  trial  of  causes  the  Mayor  of  M',yor' 
shall  be  governed  by  the  same  rules  which  shall  for  the 
time  being  govern  justices  of  the  peace.  The  Mayor 
shall,  ex  officio , be  a justice  of  the  peace,  and  as  such 
shall  within  said  city  have  and  exercise  the  same  powers 
and  jurisdiction  in  all  civil  and  criminal  cases  that  other 
justices  of  the  peace  shall  for  the  time  being  have  or 
may  lawfully  exercise  within  their  respective  townships, 
and  he  shall  also  be  subject  to  the  same  responsibilities 
and  perform  the  same  duties  as  other  justices  of  the 
peace.  Before  entering  upon  the  discharge  of  his  duties 
in  his  judicial  capacity,  he  shall  also  give  bond,  payable 
to  the  State  of  Indiana,  in  like  manner  and  in  the  same 
penalty  as  justices  of  the  peace  [may]  at  the  time  of  his 
election,  be  required  to,  and  when  actiog  in  his  judicial 
capacity,  he  shall  be  entitled  to  the  same  fees  justices  of 
the  peace  are  or  may  be  entitled  to  for  like  services,  and 
in  addition  thereto  he  shall  receive  annually  a salary  to 
be  fixed  by  ordinance  or  by-law,  and  paid  out  of  the 
city  treasury  by  quarter-yearly  installments,  and  after 
the  first  ordinance  fixing  such  salary  shall  take  effect 
and  be  in  force,  no  ordinance  decreasing  such  salary 
shall  take  effect  until  the  next  regular  election  for  Mayor, 
or  until  the  office  of  Mayor  shall  become  vacant.  The 
Mayor  shall  sign  or  sign  and  seal  (as  the  case  may  be) 
all  process  issued  by  him  in  the  same  manner  that 
justices  of  the  peace  sign  or  sign  and  seal  process  of  the 
same  kind  issued  by  them.  He  shall  also,  when  re- 
quired by  any  person  interested,  his  agent  or  attorney, 
give  certified  transcripts  of  judgements  and  proceedings 
on  his  docket,  which  shall  be  received  in  evidence  in 
like  manner  as  certified  transcripts  of  the  judgments  of 
justices  of  the  peace,  and  when  properly  recorded  in  the 
Clerk’s  office,  shall  bind  and  be  a lien  on  real  estate  in 
the  same  manner  that  transcrips  of  the  judgments  of 
justices  of  the  peace  do,  and  for  such  and  all  other  ser- 
vices of  a ministerial  character  relating  to  his  business 

7 


50 


CHARTER  OF  THE 


as  a judicial  officer,  the  Mayor  shall  receive  the  same 
fees  as  justices  of  the  peace  receive  for  like  services  at 
the  time  such  services  are  rendered.  The  Mayor  shall 
keep  a docket  such  as  justices  of  the  peace  are  required 
to  keep,  and  such  other  books  and  records  as  by  law  or 
by  the  ordinances  of  the  Common  Council  he  may  be 
required  to  keep ; and  in  case  of  the  absence  of  the 
Mayor,  or  in  case  of  his  sickness  or  inability  to  act,  he 
shall  deposit  his  docket  with  some  justice  of  the  peace 
who  resides  and  keeps  his  office  in  said  city,  who  shall, 
during  such  absence,  sickness,  or  inability  of  the  Mayor, 
be  vested  with  and  exercise  and  perform  all  the  powers 
and  duties  of  the  Mayor  in  his  judicial  capacity,  and 
shall  act  upon  his  docket  and  upon  any  new  case  arising 
under  the  ordinances  of  the  city  as  if  he  were  Mayor. 
Actions  against  the  Mayor  himself,  for  violations  of  the 
ordinances  of  the  city,  may  be  commenced  and  prose- 
cuted before  any  justice  of  the  peace  in  said  city,  and 
when  it  shall  be  made  to  appear,  by  affidavit  filed  with 
the  Mayor,  that  he  is  a material  and  competent  witness 
in  any  case  pending  before  him  in  which,  as  Mayor,  he 
has  exclusive  original  jurisdiction,  he  shall  grant  a 
change  of  venue  in  such  case,  to  and  before  some  dis- 
interested justice  of  the  peace  of  said  city,  who  shall 
have  full  power  and  authority  to  hear  and  determine 
the  same  as  if  he  were  Mayor,  and  such  change  shall  be 
effected  and  all  subsequent  proceedings  had  in  the  same 
manner  and  subject  to  the  same  rules  and  restrictions 
as  changes  of  venue  from  one  justice  of  the  peace  to 
another:  Provided , That  the  city  of  Evansville  shall 

not  be  required  to  pay  or  secure  or  suffer  judgement  for 
cost  in  order  to  procure  such  change.  In  case  of  a 
vacancy  in  the  office  of  Mayor,  the  Common  Council 
shall  cause  the  Mayor’s  docket  to  be  placed  in  the  hands 
of  some  justice  of  the  peace  of  the  city  or  of  Vander- 
burgh county,  who  shall,  from  the  time  such  docket  is 
placed  in  his  hands,  be  invested  with  all  the  judicial 
powers  of  the  Mayor,  and  continue  to  serve  as  such  until 


CITY  OF  EVANSVILLE. 


51 


such  vacancy  is  supplied.  All  constables  shall  be  minis-  Powers  ^ 
teriai  officers  of  the  Mayor’s  court  in  like  manner  asofMayor- 
they  are  justices’  courts,  and  shall  be  bound  in  the  same 
manner  to  execute  process  issued  by  him.  The  Mayor 
may  from  time  to  time  be  required  to  give  additional 
bond  and  security,  and  may  be  removed  from  office  in 
the  same  manner  and  for  the  same  causes  that  justices 
of  the  peace  may  be.* 

Sec.  64.  The  Common  Council  shall  appoint  a Marshal  ment,lut" 
of  the  city,f  who  shall  be  the  chief  ministerial  officer  ofSSS^pow- 
the  Mayor’s  court,  and  as  such  shall  execute  all  process  duties  of 
issued  and  delivered  to  him  by  the  Mayor,  and  for  that 
purpose  he  shall  have  all  the  powers  of  a sheriff  and 
constable,  and  be  entitled  to  the  same  fees  as  sheriffs 
and  constables  receive  for  like  services,  and  subject  to 
the  same  penalties  and  amercements  ; and  the  Marshal 
or  any  constable  having  process  issued  by  the  Mayor  in 
any  case  for  a violation  of  any  by-law,  ordinance,  or 
regulation,  passed,  ordained,  or  established  in  pursuance 
of  this  act,  may  execute  the  same  anywhere  in  Vander- 
burgh county,  or  on  the  Ohio  river  opposite  said  county, 
whether  such  process  be  mesne  or  final  process.  It  shall 
be  the  duty  of  the  Marshal  to  suppress  all  fights,  riots, 
disturbances,  and  breaches  of  the  peace,  and  to  appre- 
hend and  take  before  the  Mayor  all  rioters,  disorderly 
persons,  and  disturbers  of  the  public  peace  in  said  city, 
and  all  persons  in  the  act  of  committing  any  offence  in- 
dictable by  the  laws  of  the  State,  or  fieeing  from  justice 
after  committing  any  such  offence,  and  if  he  may  deem 
it  necessary  for  that  purpose,  he  may  call  to  his  assist- 
ance all  bystanders  and  other  persons  in  the  vicinity, 
and  when  any  such  person  is  so  brought  before  the 
Mayor,  he  shall  examine  and  inquire  into  the  charge 
made  against  him  or  her,  and  commit,  discharge  or  let 
to  bail  such  person,  as  in  other  cases.  The  Marshal  shall 

* Sec.  63.  The  Recorder  possesses  all  the  judicial  powers  of  the  Mayor  con” 
currently  with  him. 

See  Act  of  March  10, 1852— post. 


52 


CHARTER  OF  THE 


me£tiut‘  a^S0  Perf°rm  such  other  duties  as  may  be  required  of 
tionlipow  bim  hy  ^he  by-laws,  ordinances  and  regulations  of  the 
Sutfesof  an(^  be  paid  therefore  as  the  Common  Council  shall 
marshal.  (-pirect  by  ordinance  or  otherwise.  He  may  appoint  one 
or  more  deputies,  being  always  responsible  for  the  cor- 
rect discharge  of  their  duties.  Before  entering  upon  the 
discharge  of  his  duties,  he  shall  give  bond  with  free- 
hold security  to  the  acceptance  of  the  Common  Council, 
payable  to  the  State  of  Indiana,  and  continued  for  the 
faithful  performance  of  his  duties  as  Marshal,  and  for 
the  faithful  keeping  and  paying  over  of  all  money  that 
may  come  into  his  hands  as  such;  and  any  person  ag- 
grieved by  a breach  of  the  condition  of  said  bond  may 
cause  suit  to  be  brought  thereon  in  the  name  of  the 


Qualifica 
tion  of 
voters. 


State  for  the  use  of  such  person,  whether  a natural 
person  or  a body  politic  or  corporate.  Such  bond  shall 
be  filed  in  the  office  of  the  Clerk  of  the  Common  Coun- 
cil and  carefully  preserved,  and  copies  thereof  certified 
by  the  Mayor  under  the  corporate  seal  of  the  city,  shall 
he  good  evidence  in  all  courts.  The  Marshal  shall  also 
take  an  oath  of  office  to  be  endorsed  on  said  bond  before 
it  is  filed. 

Sec.  65.  After  this  act  takes  effect  as  hereinafter  pro- 
vided, no  person  shall  have  the  right  to  vote  at  any 
election  held  by  virtue  of  this  act,  or  the  ordinances 
passed  in  pursuance  of  it,  who  has  not  paid  all  taxes  and 
assessments  levied  and  charged  against  him  for  city 
purposes  within  twelve  months  next  before  such  elec- 
tion, and  due  and  payable  at  the  time  of  such  election.* 
Sec.  66.  The  Common  Council  may  erect  and  establish 
i5shywo?k’in  said  city  a house  of  correction  and  work  house,  or 
andShouse  either  of  them,  and  authorize  the  Mayor  on  the  failure 

of  C01T6C- 

tion.  and  of  any  person  to  pay  or  replevy  a fine  or  penalty  that 

Govern  the  •/  x.  **  * .A.*/, 

same.  may  be  entered  against  him  or  her  for  a violation  of  any 
by-law,  ordinance  or  police  regulation  of  the  city,  to 
commit  such  delinquent  to  such  work  house  or  house  of 


Council 


* Sec.  65.  See  Acts  of  1852,  as  to  qualification  o t voters,  and  Acts  of  March  11* 

1867,  and  May  13, 1869. 


CITY  OF  EVANSVILLE. 


53 


correction  instead  of  the  iail ; and  the  Common  Council  council 
shall  have  power  to  appoint  such  officers  and  adopt  such  iiou.s^°an<i 
rules  and  regulations  to  govern  such  officers  and  the^ouseof 


person  committed  to  such  house  as  they  may  deem  govern1*1 
necessary,  not  inconsistent  with  the  laws  of  this  State  ; the  same' 


and  as  well  before  as  after  the  establishment  of  such 


work  house  or  house  of  correction,  the  Common  Council 
may  authorize  the  Mayor,  on  failure  of  any  person  to 


pay  or  replevy  any  such  fine  or  penalty  and  cost,  to  re- 
quire such  delinquent  to  perform  any  amount  of  labor 
equivalent  in  value  to  such  fines  and  costs,  using  such 
means  to  prevent  his  escape  as  may  be  deemed  necessasry. 


Sec.  67.  For  collecting  taxes  without  distress  or  sale, 
the  collector  shall  be  allowed  such  a per  centum  upon 
the  whole  amount  collected  as  the  Common  Council 
think  proper,  to  be  paid  out  of  the  general  revenue,  and 
for  every  sale  of  personal  property  for  taxes  he  shall  be 
entitled  to  one  dollar,  together  with  reasonable  and 
proper  charges  for  removing  and  keeping  property  dis- 
trained, and  fifty  cents  for  each  sale  of  real  estate  and 
giving  a certificate  thereof,  and  twenty-five  cents  for  ac- 
knowledging such  certificate,  to  be  added  to  and  esti- 
mated with  the  taxes  for  which  such  real  or  personal  estate 
was  sold,  and  paid  out  of  the  proceeds  of  such  sale. 


Fees  of 
CDllector. 


The  Treasurer  shall  be  allowed  for  his  services  such  a Fees  of 
per  centum  upon  the  whole  amount  received  and  dis- 
bursed by  him  as  the  Common  Council  may  think 
proper,  and  twenty-five  cents  for  each  certificate  of  the 
fact  that  a lot  or  part  of  lot  sold  for  taxes  has  not  been 
redeemed,  and  twenty-five  cents  for  acknowledging  the 
same,  to  be  paid  by  the  person  demanding  such  certfi- 
cate,  and  twenty-five  cents  for  each  certificate  of  the  re- 
demption of  a lot  or  part  of  lot  sold  for  taxes,  to  be  paid 
by  the  person  redeeming  the  same,  and  for  other  ser- 
vices such  fees  or  compensations  as  the  Common  Coun- 
cil may  allow. 

The  Clerk  shall  prepare  and  make  ready  for  the  sig- 


54 


CHARTER  OF  THE 


HerkSandna^ure  ^ie  Mayor  a^  orders  upon  the  treasury,  all 
ius  lees,  commissions  and  licenses,  and  all  copies  of  the  records 
and  papers  in  or  appertaining  to  his  office,  upon  the  re- 
quest of  the  person  entitled  to  the  same,  and  for  copy- 
ing each  record  or  paper  not  exceeding  one  hundred 
words  he  shall  be  entitled  to  fifteen  cents,  and  for  all 
over  one  hundred  words  he  shall  receive  at  the  rate  of 
ten  cents  for  each  hundred  words,  and  in  estimating  the 
number  of  words  three  figures  shall  be  counted  as  one 
word.  Such  fees  shall  be  paid  by  the  person  demanding 
such  copy.  In  addition  to  the  fees  above  specified,  the 
Clerk  shall  be  allowed  and  paid  a stated  annual  salary, 
of  such  amount  as  the  Common  Council  may  deem 
proper,  to  be  paid  by  quarter-yearly  installments,  as  the 
services  are!  rendered. 

other°offi  All  other  officers  and  agents  employed  by  or  by  au~ 
cers.  thority  of  the  Common  Council  shall  be  allowed  and 
paid  such  reasonable  fees  or  compensation  as  the  Com- 
mon Council  may  deem  proper. 

Fees  of  The  Mayor  shall  be  entitled  to  receive  for  each  cer- 

mayor.  " 

tificate  and  seal  to  the  copy  of  any  record  or  paper  in 
the  Clerk’s  office  twenty-five  cents,  and  for  each  certifi- 
cate with  the  corporate  seal  annexed  to  any  other  docu- 
ment or  instrument  of  writing  fifty  cents,  and  for  taking 
and  certifying  affidavits  and  the  proof  or  acknowledge- 
ment of  deeds  and  other  instruments  of  writing,  and 
depositions,  he  shall  be  allowed  the  same  fees  as  justices 
of  the  peace  are  or  may  be  allowed  for  like  services 
when  certified  by  him  as  a justice  of  the  peace,  and 
twenty-five  cents  in  addition  thereto  when  such  certifi- 
cate is  made  by  him  as  Mayor,  under  the  corporate  seal 
of  the  city. 


The  Sheriff  shall  receive  the  same  fees  for  receiving, 
keeping,  and  discharging  prisoners  committed  to  jail  by 
the  Mayor  for  the  violation  of  penal  ordinances  of  the 
city  that  he  receives  for  like  services  in  other  cases  ; and 
when  any  person  shall  be  so  committed,  the  Sheriff  shall 


CITY  OF  EVANSVILLE. 


55 


report  to  the  Mayor  his  fees  and  charges,  which  shall  be 
taxed  and  collected  as  part  of  the  cost  in  the  cause  in 
which  such  person  may  have  been  committed. 

Sec.  68.  Every  Clerk  and  Treasurer  may,  with  the  frea^rer1 
advice  and  consent  of  the  Common  Council,  appoint  a^iJtap“ 
deputy.  Every  such  appointment  shall  be  in  writing,  how!ties’ 
and  be  entered  on  the  records  of  the  minutes  of  the  admuns-1' 
Common  Council.  The  Clerk  and  his  deputy  shall  have tei  oaths‘ 
full  power  to  administer  oaths  in  all  cases  whatsoever 
in  relation  to  the  business  that  may  at  any  time  be  be- 
fore the  Common  Council,  and  also  all  official  oaths  to 
be  administered  to  officers  and  agents  appointed  by  the 
Common  Council ; and  the  Deputy  Clerk  and  Deputy 
Treasury  shall  be  competent  to  discharge  all  the  duties 
of  their  respective  principals. 

Sec.  69.  No  Mayor  or  Councilman,  during  his  con-  JndY coun- 
tinuance  in  office  as  such,  shall  be  appointed  by  the  toSfii?ot 
Common  Council  to  the  office  of  Clerk,  Treasurer,  Col-  Strict111 
lector,  Marshal,  or  Attorney  for  the  city  of  Evansville,  Strand 
or  be  a party  to  or  be  directly  or  indirectly  interested  in  eligible  to 
any  contract  made  or  entered  into  by  or  with  the  Com-  offlce?ther 
mon  Council.* 

Sec.  70.  It  shall  be  the  duty  of  the  President  and  S^stees  of 
Trustees  of  the  town  of  Evansville  to  appoint  some£°^eof 
suitable  person  in  each  w~ard  ot  said  town  an  Inspector  vmeps 
of  Elections,  and  appoint  a place  in  each  of  said  wards 
to  hold  an  election  on  the  first  Monday  in  April,  1847, 
for  the  election  of  Mayor  and  Councilmen,  which  elec- 
tion shall  be  governed  in  all  things  by  the  provisions  of 
this  act ; and  as  soon  as  the  Mayor  and  Councilmen  shall 
enter  upon  the  discharge  of  their  duties,  the  corporation 
known  as  “ The  President  and  Trustees  of  the  town  of 
Evansville  ” shall  cease  to  exist ; but  all  books,  papers, 
and  property,  real  and  personal,  and  all  money  and 
choses  in  action  belonging  to  or  held  and  possessed  by 
“ The  President  and  Trustees  of  the  Town  of  Evansville 

❖ See  Acts  of  1852— post. 


56 


CHARTER  OF  THE 


Duties  of 
trustees  of 
former 
town  of 
Evans- 
ville. 


City  to 
succeed 
to  rights 
and  lia- 
bilities of 
said  town. 


Annex- 
ation of 
adjacent 
territory. 


shall  vest  in  and  become  the  property  of,  and  to  all  in- 
tents and  purposes  belonging  to,  the  corporation  hereby 
created  by  the  name  and  style  of  “ The  City  of  Evans- 
ville ; ” and  all  suits  pending,  and  judgements  rendered 
in  favor  of  or  against  “ The  President  and  Trustess  of 
the  town  of  Evansville  ” may  be  continued,  prosecuted, 
and  defended  by  or  against  “ The  City  of  Evansville/’ 
by  placing  its  name  on  the  record  as  plaintiff  or  de- 
fendant, as  the  case  may  require,  by  order  of  the  proper 
Court,  after  notice  given  the  Mayor  or  City  Attorney, 
in  case  where  the  city  of  Evansville  shall  be  made  a de- 
fendant. The  city  of  Evansville  is  to  he  responsible  for 
the  performance  of  all  contracts,  and  liable  for  all  debts 
and  demands,  entered  into  by,  or  due  and  payable  from, 
the  President  and  Trustees  of  the  town  of  Evansville  ; 
and  shall  have  the  right,  by  suit  in  its  own  name  or 
otherwise  to  inforce  the  performance  of  all  contracts 
and  the  payment  of  all  demands  entered  into  with  or 
payable  to  the  President  and  Trustees  of  the  town  of 
Evansville,  and  all  other  rights  and  liabilities  of  the 
President  and  Trustees  of  the  town  of  Evansville  shall 
vest  in  and  devolve  upon  the  city  of  Evansville. 

Sec.  71.*  At  any  time  after  this  act  takes  effect,  any 
territory  adjoining  the  city  of  Evansville,  which  is  or 
may  be  laid  out  in  streets  and  lots,  and  the  plat  thereof 
recorded,  or  any  part  of  any  such  territory  so  laid  out 
in  streets  and  lots,  may  be  annexed  to  and  included 
within  the  limits  of  the  city  of  Evansville,  in  the  man- 
ner shereinafter  provided,  viz.:  Whenever  three-fourths 
of  the  adult  inhabitants  of  any  such  adjoining  territory? 
who  are  freeholders  therein  and  own  one-third  of  such 
territory,  shall  desire  to  have  the  same  annexed  to  and 
included  within  the  limits  of  said  city,  or  whenever  the 
owners  in  fee  of  one-half  of  any  such  territory,  whether 
inhabitants  thereof  or  not,  shall  desire  to  have  the  same 
annexed  to  or  included  within  the  limits  of  said  city, 


*See  Act  of  March  6, 1865  (amending  Charter),  Sec.  1,  2 and  3— pos  t. 


CITY  OF  EVANSVILLE. 


57 


and  shall  express  such  desire  by  a written  petition, 
signed  by  three-fourths  of  such  freehold  inhabitants  or  feSory 
the  owners  of  one-half  of  such  territory,  expressing 
therein  distinctly  the  territory  intended  or  desired  to 
be  annexed  to  and  included  within  the  fruits  of  said 
city,  the  Common  Council,  upon  such  petition  being 
presented  to  them,  shall,  if  they  think  proper,  enter 
such  petition  at  full  length  upon  their  records,  and 
order  the  territory  described  in  such  petition  to  be  an- 
nexed to  and  included  within  the  limits  of  said  city  ; 
and  thenceforth  such  territory  shall  be  deemed  and 
taken  to  be  annexed  to  and  within  the  limits  of  said 
city,  and  the  inhabitants  thereof  members  of  the  cor- 
poration hereby  created,  to  all  intents  and  for  all  pur- 
poses whatever,  and  the  territory  so  annexed  shall  con- 
stitute one  or  be  divided  into  two  or  more  wards  of  the 
city  of  Evansville,  as  shall  be  provided  by  an  ordinance 
or  ordinances  of  the  Common  Council,  and  such  ward 
or  wards  shall  be  represented  in  the  Common  Council 
in  the  same  manner  as  other  wards  of  the  citv  ; and  the 
Mayor,  and  the  Common  Council,  and  all  other  officers 
of  the  city  shall  have  the  same  jurisdiction  over  and 
exercise  the  same  powers  within  any  territory  so  an- 
nexed as  they  may  have  or  exercise  within  the  limits  of 
the  city  of  Evansville,  as  herein  defined  and  prescribed, 
and  also  over  and  upon  the  Ohio  River  and  the  shore 
thereof  in  front  of  such  annexed  territory  : Provided , 

That  no  revenue  assessed,  collected,  or  raised  without 
any  territory  so  annexed  as  aforesaid  shall  be  expended 
for  any  improvements  or  repairs  of  streets,  alleys, 
wharves,  or  landings  within  or  in  front  of  such  terri- 
tory, or  for  any  labor  or  service  done  or  rendered  in  or 
for  the  benefit  of  such  territory  or  the  inhabitants 
thereof;  nor  shall  any  revenue  raised,  levied,  or  col- 
lected within  such  territory  be  expended  except  in  such 
territory  and  for  the  benefit  of  the  same  or  the  inhabi- 
tants thereof,  until  the  Common  Council  shall  other- 
wise direct  by  a general  ordinance,  which  ordinance 

8 


58 


CHARTER  OF  THE 


< 'barter, 
when  in 
toive. 


shall  not  be  passed  without  the  consent  of  all  the  mem- 
bers of  the  Common  Council  representing  such  terri- 
tory, if  there  be  less  than  three,  or  a majority  of  them, 
if  there  be  three  or  more.* 

Sec.  72.  This  act  shall  take  effect  and  be  in  force  from 
and  after  its  passage:  Provided,  That  if  at  the  first 
election  for  Mayor  and  Councilmen  to  be  held  as  herein 
provided,  a majority  of  the  qualified  voters  voting  at 
such  election  should  vote  against  the  adoption  of  this 
act,  by  writing  on  their  tickets  before  voting,  these 
words  : “ Against  a City  Charter,”  or  other  words  of  a 
similar  import,  then  and  thenceforth  this  act  shall 
become  and  be  null  and  void,  and  of  no  effect  whatever. 
And  the  right  is  hereby  reserved  to  the  Legislature  to 
amend  or  repeal  this  act  at  any  and  all  times  hereafter, 
saving  to  individuals  their  rights  to  property  and  choses 
in  action  acquired  under  it,  and  their  rights  to  recover 
and  receive  debts  and  demands  due  them  from  the  city 
of  Evansville  : And  provided  further , That  unless  this 
act  is  published  in  some  public  newspaper  printed  and 
published  in  the  town  of  Evansville,  at  least  one  week 
before  the  first  Monday  in  April  next,  it  shall  cease  and 
be  of  no  effect.  And  in  order  that  such  publication 
may  be  made,  it  shall  be  the  duty  of  the  Secretary  of 
State  to  forthwith  transmit  by  mail  to  “ The  President 
and  Trustees  of  the  Town  of  Evansville”  a duly  certi- 
fied copy  of  this  act. 

ROBERT  K CARNAL, 

Speaker  of  the  House  of  Representatives. 

PARIS  0.  DURRIKG, 

President  of  the  Senate. 

Approved  January  27th,  1847. 

JAMES  WHITCOMB. 


* Sec.  71 , See  Act  of  1857— post— providing  for  annexation  of  towns  to  cities. 


CITY  OF  EVANSVILLE 


59 


State  of  Indiana,  ss. 

I,  John  H.  Thompson,  Secretary  of  State  for  the 
State  aforesaid,  certify  that  the  above  and  foregoing 
thirty-three  pages  contains  a correct  and  complete  cop}' 
of  the  act  of  which  it  purports  to  be  a copy,  taken 
from  the  enrolled  act  on  file  in  my  office. 

In  witness  whereof,  I have  hereunto  set  my  hand, 
and  affixed  the  seal  of  State,  at  Indianapolis,  the  12th 
day  of  February,  A.  D.  1847. 

[l.s.]  ’ JOHN  H.  THOMPSON, 

Secretary  of  State. 


Size,  form 
and 
bound- 
aries of 
wards, 
how  alter- 
ed, Ac. 


TO  THE  CHARTER. 


AN  ACT  to  amend  an  Act  entitled  “An  Act  granting  to  the  citizens  of  the 
town  of  Evansville  a city  charter,”  approved  January  27, 1847. 


[Approved  February  4,  1848.] 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana , That  the  Common  Council  of  the  city 
of  Evansville  shall  have  full  power  and  authority  from 
time  to  time,  and  as  often  as  they  may  deem  it  expe- 
dient, to  alter  the  size,  form,  and  boundaries  of  the 
present  wards  of  said  city,  and  to  subdivide  the  same  or 
any  of  them,  and  make  additional  wards  thereof,  and  at 
all  times  hereafter  to  subdivide  the  territory  which  may 
be  within  said  city,  and  constitute  thereof  as  many 
wards  as  said  Council  may  deem  proper,  and  of  such 
sizes  and  forms  as  said  Council  may  think  necessary  for 
the  convenience  and  well-being  of  said  city,  and  from 
time  to  time  to  alter  the  number  and  boundaries  thereof : 
Provided , That  the  size  or  boundaries  of  no  ward  once 
established  shall  be  altered  without  the  concurrence  of 
two-thirds  of  all  the  Councilmen  of  the  city. 


CITY  OF  EVANSVILLE. 


61 


Sec.  2.  The  Common  Council  of  said  city  shall  have 
full  power  and  authority,  at  their  discretion,  by  ordi- 
nance, to  require  all  votes  to  be  given  at  any  city  elec* 
tion  to  be  given  in  any  one  or  more  wards  of  said  city, 
and  at  such  place  or  places  as  the  Common  Council 
may  from  time  to  time  appoint,  and  to  pass  and  adopt 
all  such  ordinances,  regulations,  and  orders  in  relation 
to  the  times  and  places  of  holding  elections  in  said  city 
for  city  officers,  as  said  Common  Council  shall  deem 
expedient.* 

Sec.  3.  When  any  person  shall  fail  to  pay  his  or  her 
taxes  within  the  time  prescribed  for  the  payment  thereof 
by  the  act  to  which  this  is  an  amendment,  if  he  or  she 
own,  or  be  charged  with  the  taxes  on  several  lots  or 
portions  of  real  estate  upon  which  such  taxes  have  not 
been  paid,  the  Collector  shall  advertise  the  whole  as  de- 
linquent ; but  he  shall,  if  practicable,  make  all  the  taxes 
charged  against  such  person  by  the  sale  of  one  lot  or 
part  thereof,  and  sell  no  more  lots  or  parts  of  lots  than 
will  be  sufficient  to  pay  the  taxes  charged  against  such 
person,  together  with  the  costs  of  advertising  and  sale- 

Sec.  4.  Any  person  using  a party  wall  built  by  another 
person  shall  be  compelled  to  pay  for  one-half  of  such 
part  thereof  only  as  may  be  actually  used  in  the  man- 
ner specified  in  the  forty-eighth  section  of  the  act  to 
which  act  this  is  an  amendment : Provided , That  the 
height  of  the  part  so  used  shall  be  ascertained  by  meas- 
uring from  the  bottom  of  the  wall  or  foundation  ; and 
if  the  two  buildings  of  which  said  wall  forms  part  be  of 
equal  or  nearly  equal  height,  that  part  of  the  wall 
which  extends  above  the  roof  shall  be  included  in  esti- 
mating the  height  of  such  wall. 

Sec.  5.  The  Common  Council  shall  have  power  to 
expel  and  vacate  the  office  of  any  Mayor  or  Council- 
man who  shall  offer  or  accept  any  bribe,  or  act  cor- 
ruptly, or  attempt  to  induce  any  other  member  of  the 


Council 
may  es- 
tablish 
election 
precincts, 
and  fix 
time  of 
elections. 


Advertise- 

ment 

and  sale  of 
real  estate. 


Party 

walls. 


Council 
may  expel 
mayor  or 
council- 
men. 


* See  Act  of  March  11, 1867— post. 


62 


CHARTER  OF  THE 


may^expei  Council  to  act  corruptly  in  the  discharge  of  his  duty  as 
coum5i-r  a mem^er  of  the  Common  Council ; and  ako  any  mem- 
men.  ber  |.]ie  Common  Council  who  shall  have  been  con- 
victed subsequently  to  his  election  of  any  crime  pun- 
ishable by  imprisonment,  and  also  any  member  of  the 
Common  Council  who  shall  be  directly  or  indirectly  a 
party  to  or  interested  in  any  contract,  express  or  im- 
plied, to  which  the  Common  Council  or  the  city  of 
Evansville  is  a party : Provided , That  no  member  of  the 
Common  Council  shall  be  expelled  or  have  his  office 
vacated  as  aforesaid,  unless  three-fourths  of  all  the 
members  of  the  Common  Council  shall  concur  therein, 
nor  without  being  heard  by  himself  and  Council,  if  he 
desire  it,  and  fairly  tried  by  the  Common  Council ; and 
the  accused  shall  have  notice  of  the  trial  at  least  one 
week  before  the  time  fixed  therefor,  and  he  shall  have 
the  right  to  demand  a copy  of  the  charge  or  charges 
made  against  him. 

Sec.  6.  The  Mayor,  or  President  pro  tem,  of  the  Com- 
mon  Council,  shall  have  power  to  issue  process  for,  and 
compel  witnesses  to  attend  and  testify  upon,  any  trial 
had  in  pursuance  of  this  act,  in  the  same  manner  that 
justices  of  the  peace  may  compel  witnesses  to  appear 
and  testify  before  them. 

Sec.  7.  This  act  shall  be  in  force  from  and  after  its 
passage. 


Council 
authorized 
to  take 
stock. 


The  following  sections  are  a part  of  the  Charter  of  the  Evansville  and  Illi- 
nois Railroad  Company. 

[Approved  January  2,  1849.] 

(See  local  laws  of  1848-9,  page  273.) 

Sec,  26.  The  Common  Council  of  the  city  of  Evans- 
ville may,  in  the  name  and  on  behalf  of  the  said  city, 
subscribe  for  and  take  stock  in  said  company,  which 
shall  be  done  in  the  following  manner,  to-wit : The  said 
Common  Council  shall  pass  and  cause  to  be  recorded  in 
the  minutes  of  their  proceedings  an  order  or  resolution 
substantially  as  follows  : 


CITY  OF  EVANSVILLE. 


68 


“ Resolved , That  the  city  of  Evansville  will  and  does  ^SthorLed 


hereby  subscribe  for  and  take  shares  of  stock 

(specifying  the  number  of  shares  subscribed)  in  the 
Evansville  and  Illinois  Railroad  Company.”  And 
thereupon  it  shall  be  the  duty  of  the  Clerk  of  said  city 
to  make  out  and  attest  a copy  of  said  resolution,  and 
deliver  it  to  the  Mayor  of  said  city,  who  shall  certify 
the  same  under  the  corporate  seal  of  the  city,  and 
deliver  it  to  the  person  or  persons  authorized  to  receive 
subscriptions  for  said  stock;  and  at  the  same  time  the 
said  Mayor  shall,  in  the  name  and  in  behalf  of  said  city, 
enter  upon  the  proper  subscription  book  a subscription 
for  the  number  of  shares  specified  in  such  resolution. 


Sec.  27.  ETo  stock  shall  be  subscribed  for  or  taken  in  ^ote^tobc 
the  name  or  in  behalf  of  said  city  as  aforesaid,  unless  it geription 
shall  have  been  ascertained,  by  means  of  an  election o1  stock* 
held  for  the  purpose,  that  a majority  of  the  qualified 
voters  of  said  city  are  in  favor  thereof;  and  for  that 
purpose  one  or  more  elections  may  be  held  at  such  time 
or  times  and  place  or  places  in  said  city  as  the  Common 
Council  shall  appoint;  and  said  election  shall  be  con- 
ducted in  such  manner  as  said  Common  Council  shall 


If  stock  bo 
taken, 
council 
may  issue 
bonds  or 
borrow 
money  for 
payment. 


order  and  prescribe. 

Sec.  28.  If  stock  shall  be  taken  in  said  company  in 
behalf  of  said  city,  as  above  prescribed,  the  Common 
Council  of  said  city  may,  in  the  name  of  said  city,  issue 
bonds  or  borrow  money  for  the  payment  thereof,  in  the 
same  manner  as  hereinbefore  provided  in  cases  where 
stock  is  taken  in  behalf  of  counties,  and  shall  pledge 
the  faith  and  credit  of  said  city  for  the  payment  of 
such  bonds  or  borrowed  money,  and  interest  on  the 
same. 

Sec.  29.  When  bonds  are  issued  or  money  borrowed  Tax  to  be 

u levied  to 

in  the  name  of  said  city  in  pursuance  of  this  act,  it  meet  in- 

J r 7 terest  and 

shall  be  the  duty  of  the  Common  Council  of  said  city^g®| 
to  provide  for  the  payment  of  the  principal  and  interest  p^ydp?in. 
on  such  bonds  or  borrowed  money  by  ad  valorem  taxa-  bondsf 


64 


CHARTER  OF  THE 


tevtecfto*  ^ion  rea^  or  Personal  estate  subject  to  taxation 

?e rest* and Ba^  city  f°r  c^y  purposes;  and  in  addition  to  the 
sinking  payment  of  the  interest  on  said  bonds  or  borrowed 
paydprin-  money  as  the  same  becomes  due,  the  Common  Council 
boi?ds?f  shall  provide  a sinking  fund  for  the  payment  of  the 
principal  by  annually  setting  apart  the  dividends  and 
profits  derived  from  said  road  and  such  a portion  of  the 
taxes  aforesaid  as  that  all  the  sums  thus  set  apart  annu- 
ally, with  accruing  interest  thereon,  will  be  sufficient  to 
pay  the  principal  of  said  bonds  or  borrowed  money 
when  the  same  shall  be  due.  And  the  sinking  fund 
thus  created  shall  be  a permanent  fund,  and  be  applied 
to  no  other  purpose  than  the  payment  of  said  bonds  or 
borrowed  money.  And  the  said  Common  Council  shall 
have  power  to  make  such  laws,  rules  and  regulations 
for  the  collection,  safe  keeping,  loaning  and  disbursing 
the  same;  Provided , however , That  said  sinking  fund 
shall  not,  nor  shall  any  part  thereof  be  loaned  for  any 
greater  rate  of  interest  than  seven  per  cent,  per  annum, 
nor  unless  the  repayment  of  the  same  is  secured  by 
mortgage  upon  unincumbered  real  estate,  within  this 
State,  of  at  least  double  the  value  of  the  sum  loaned. 

such  tax  Sec.  BO.  The  taxes  to  be  levied  and  collected  in  pur- 
additkm111  suance  of  this  act  shall  be  in  addition  to  the  taxes  now 
Immfa/as- authorized  to  be  levied  and  collected  for  county  and 
segment,  cn.y  pUrp0seSj  and  taxes  assessed  under  the  provisions 

of  this  act,  by  order  of  the  Board  of  Commissioners 
shall  be  levied  and  collected  with  and  as  a part  of  the 
annual  ad  valorem  tax  levied  and  collected  for  county 
purposes,  and  subject  to  the  same  rules  and  regulations; 
and  the  taxes  levied  in  pursuance  of  this  act,  by  order 
of  the  Common  Council  shall  be  levied  and  collected 
with  and  as  a part  of  the  taxes  regularly  and  annually 
assessed  and  collected  for  city  purposes,  and  subject  to 
the  same  laws  and  regulations. 

Sec.  31.  Nothing  in  this  act  contained  shall  be  so 
construed  as  to  affect  the  powers  granted  to  the  Com- 


CITY  OF  EVANSVILLE. 


65 


mon  Council  of  the  city  of  Evansville  bv  the  fortieth  Nothing 

**  this  act 

clause  of  the  thirtieth  section  of  the  charter  of  said  to  affect 

fortieth 

city,  entitled  “An  act  granting  to  the  citizens  ot  the  clause  of 


town  of  Evansville  in  the  county  of  Vanderburgh  asccuonof 
city  charter,  approved  January  27th,  1847,”  but  thecharter* 
powers  hereby  granted  shall  be  deemed  cumulative,  and 
in  addition  to  those  granted  by  the  said  fortieth  clause 
of  the  thirtieth  section. 


AN  ACT  to  amend  the  Charter  of  the  City  of  Evansville. 

[Approved  January  15,  1850.] 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  ^Council 
State  of  Indiana , That  the  Common  Council  of  the  city 
of  Evansville  shall  have  full  power  and  authority  totw^miies 
cause  all  ponds,  swamps  and  wet  lands  lying  within  twoofthecit*’ 
miles  of  the  corporate  limits  of  said  city  to  be  drained 
at  the  expense  of  said  city,  and  of  the  owners  of  such 
ponds,  swamps,  and  wet  land;  and  for  that  purpose 
shall  have  full  power  and  authority  to  make,  or  cause 
to  be  made,  all  needful  surveys  and  examinations ; and 
also,  full  power  and  authority  to  cause  to  be  dug,  made, 
constructed,  and  kept  in  repair  at  the  expense  of  such 
owners,  all  ditches,  drains,  sewers,  culverts,  and  aque- 
ducts which  to  the  said  Common  Council  shall  seem 
needful  or  expedient  for  that  purpose;  and  all  struc- 
tures of  earth,  wood,  stone  or  other  materials,  which 
may  be  found  necessary  to  preserve  and  keep  in  repair 
such  ditches,  drains,  sewers,  culverts  and  aqueducts,  and 
prevent  the  water  flowing  therein  from  doing  injury  to 
private  or  public  property. 

Sec.  2.  The  said  Common  Council  shall  have  full  Time  and 
power  to  determine  and  prescribe  the  time  and  mode  of  determin- 
draining any  such  ponds,  swamps,  and  wet  land,  and  council, 
the  materials  of  which  any  of  the  above  named  struc- 
tures shall  be  made,  and  the  location,  form  and  dimen- 
sions of  every  such  structure : Provided , That  no  un- 
necessary injury  shall  be  done  to  private  property  by 

9 


66 


CHARTER  OF  THE 


shai? fix  ^h e construction  thereof,  and  every  person  shall  have 
Smfofcost  the  right  to  recover  from  the  city  of  Evansville  all 
a^etobe  damages  which  such  person  may  sustain  over  and  above 
each  by  the  benefits  derived  from  the  construction  thereof. 
lice1  there-  Sec.  3.  After  any  ditch,  drain,  sewer,  culvert,  or  aque- 
given.  duct  is  constructed  or  repaired  as  above  provided  for, 
the  said  Common  Council  shall  ascertain,  order  and  fix 
the  proportion  of  the  cost  thereof  to  be  paid  by  the 
owner  of  each  tract  or  piece  of  land  drained  thereby, 
whether  such  land  lie  within  twTo  miles  of  said  citv  or 
not,  and  cause  notice  thereof  to  be  given  by  publication 
at  least  once  in  each  week  for  three  successive  weeks  in 
some  public  newspaper  printed  and  published  in  said 
city. 

ninetylin  Sec.  4.  If  within  ninety  days  after  such  notice  is 
notfceaob- as  aforesaid,  no  objection  be  made  to  the  pay- 
rmideto ot ment  of  any  amount  or  proportion  of  the  cost  of  any 
ment,  no  such  structure  or  repairs  so  fixed  by  the  Common 
eanbelon  Council  as  aforesaid,  each  and  every  owner  of  property 

subse-  J r J 

quentiy  affected  thereby  shall  be  deemed  to  have  assented  to  the 

made.  , . 

order  of  the  Common  Council  in  fixing:  the  amount  to 


be  paid  by  him  or  her,  and  thenceforth  every  such  owner 
shall  be  debarred  from  objecting  thereto,  and  shall  pay 
the  amount  so  ordered  to  be  paid  by  him  or  her,  to 
such  officer  as  may  be  authorized  by  the  Common 
Council,  or  by  the  by-laws  of  said  city  to  receive  the 
same. 


ifobjec-  Sec.  5,  If  within  ninety  days  after  notice  is  given,  as 
within  provided  for  in  the  third  section  of  this  act,  the  owner 
assess16-  any  property  affected  thereby  shall,  by  himself  or 
jnent  how  his  agent,  file  with  the  Clerk  of  the  said  Common 
Council  objections  in  writing  to  the  payment  of  the 
amount  fixed  and  ordered  to  be  paid  by  him  as  above 
provided,  the  said  Common  Council  shall  cause  a writ 
to  be  issued  by  the  Mayor  of  said  city,  directed  to  the 
Marshal  of  said  city,  or  the  Sheriff  of  Vanderburgh 
county,  commanding  him  to  summon  twelve  disinter- 


CITY  OF  EVANSVILLE. 


67 


esied  freeholders  of  the  neighborhood  to  assess  and  fixifobjec- 

° tion  made 

the  proportion  of  the  cost  of  any  such  structure  or  ninety 
repairs  made  as  aforesaid,  to  be  paid  by  each  person 
whose  real  estate  is  drained  by  means  of  any  such  ditch,  SaaSe.hovr 
drain,  sewer  or  aqueduct ; and  it  shall  be  the  duty  of 
the  twelve  freeholders  so  summoned  to  proceed,  on  a 
day  fixed  by  the  officers  summoning  them,  of  which  he 
shall  notify  the  person  filing  his  objections  as  aforesaid, 
to  view  the  real  estate  drained  as  aforesaid,  and  after 
such  view  to  fix  the  amount  to  be  paid  by  each  owner 
as  aforesaid,  and  make  report  thereof  in  writing,  under 
their  hands,  to  the  officer  summoning  said  freeholders 
as  aforesaid,  who  shall  return  such  report  to  the  Clerk 
aforesaid,  to  be  by  him  filed  and  preserved,  and  the 
Common  Council  shall  order  the  payment  of  the  cost  of 
such  structure  and  repairs  according  to  the  report  of 
said  freeholders. 

Sec.  6.  The  amount  fixed  and  ordered  to  be  paid  by  ^ssed  to 
any  person  as  aforesaid,  shall  be  a lien  on  his  land £n  land! 
which  is  drained  as  aforesaid,  and  shall  be  collected  and  enforced, 
paid  into  the  city  treasury  of  the  city  of  Evansville,  in 
the  same  way,  and  subject  to  the  same  rules  and  regu- 
lations in  all  respects  as  the  cost  of  abating  a nuisance 
caused  by  a pond  or  pool  of  water  within  said  city,  is 
authorized  to  be  collected  and  paid  by  the  charter  of 
said  city,  and  the  by-laws  made  in  accordance  with  said 
charter. 

Sec.  7.  Nothing  in  this  act  contained  shall  be  so  con- council 

& not  to 

strued  as  to  authorize  [the]  said  Common  Council  to  draii1  "y 115 

l J pond,  &c. 

drain,  as  aforesaid,  any  mill  pond  caused  by  a dam  law- 
fully erected  or  maintained,  without  first  obtaining  the 
consent  of  the  owner  thereof,  nor  shall  said  Common 
Council  have  power  to  cause  any  such  sewer,  ditch, 
culvert,  or  aqueduct  to  be  constructed  as  aforesaid, 
within  the  corporate  limits  of  any  other  incorporated 
town  or  city,  without  first  obtaining  the  consent  of  the 
corporate  authorities  of  said  town  or  city. 


68 


CHARTER  OF  THE 


Sec.  8.  This  act  shall  be  in  force  from  and  alter  its 
passage,  and  it  shall  be  deemed  a public  act,  and  as 
such  shall  be  taken  notice  of  by  all  courts  and  persons. 


AN  ACT  in  relation  to  Lamasco  City. 

[Approved  January  15,  1850.] 

lies  of  a~  Section  1.  Be  it  enacted-  by  the  General  Assembly  of  the 
Lamasco.  State  of  Indiana , That  the  town  of  Lamasco,  in  the 
county  of  Vanderburgh,  which  was  incorporated  in  the 
year  eighteen  hundred  and  forty-seven,  according  to 
the  provisions  of  the  first  article  of  the  twenty -fifth 
chapter  of  the  Revised  Statutes  of  Indiana,  shall  em- 
brace the  following  corporate  limits  and  bounds  as  fol- 
lows, to- wit : The  western  boundary  of  said  corporate 

limits  shall  be  Pigeon  Creek,  the  northern  boundary 
shall  be  Eighth  street  to  the  north  line  of  the  same, 
the  southern  boundary  shall  be  the  Ohio  River,  includ- 
ing within  its  corporate  limits  all  the  land  and  ground 
embraced  or  contained  between  Pigeon  Creek  and  a line 
drawn  due  south  from  the  east  end  of  said  Eighth  street 

to  the  Ohio  River,  and  not  included  within  the  cor- 

✓ 

porate  limits  of  the  city  of  Evansville. 


AN  ACT  to  amend  the  Charter  ol  the  City  of  Evansville. 

[Approved  January  16,  1850.] 

council  Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
^tPo°di-r‘  State  of  Indiana , That  the  Common  Council  of  the  city 
recordertoof  Evansville  may,  at  any  time  hereafter,  at  their  dis- 
hfs^owers  cretion,  by  a by-law  or  an  order  entered  upon  the  record 
'of  their  proceedings,  order  the  election  of  a Recorder 
of  said  city,  who  shall  be  a judicial  officer  and  a con- 
servator of  the  peace,  and  shall  also  discharge  all  such 
executive  duties  as  may  be  required  by  the  ordinances 
of  said  city,  not  inconsistent  with  the  constitution  and 
laws  of  this  State. 


CITY  OF  EVANSVILLE. 


69 


Sec.  2.  The  Recorder,  when  elected  as  aforesaid,  and 
qualified  as  hereinafter  provided,  shall  possess  all  the  ®^is_ 
powers  and  jurisdiction  of  a justice  of  the  peace  of  the  justice1  Sr 
county  of  Vanderburgh,  and  in  addition  thereto,  he  anddis- 
shall  possess  and  discharge  all  the  judicial  powers,  jur-  judicial 
isdiction,  duties  and  functions  of  the  Mayor  of  said  city,  of  mayor, 
concurrently  with  the  Mayor. 

Sec.  3.  The  Recorder  shall  he  sworn  and  give  bond  asHisoatll 
the  Mayor  is  required  to  do,  and  subject  to  the  same  and  bon0, 
liabilities,  and  he  shall  hold  his  office  for  three  years 
and  until  his  successor  is  elected  and  qualified. 

Sec.  4.  This  shall  be  deemed  a public  act,  and  shall 
be  in  force  from  and  after  its  passage. 


AN  ACT  providing  for  the  election  of  town  and  city  officers,  and  prescribing 
the  qualifications  of  voters  in  such  elections. 

[Approved  March  10, 1852.] 

(See  Acts  of  1851-2,  page  124.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  city  offi- 

cers  to  bo 

State  of  Indiana , That  the  qualified  voters  of  each  and  elected  by 

A the  people. 

every  city  or  incorporated  town  that  may  have  the  fol- 
lowing officers,  viz.:  Mayor,  recorder,  city  judges,  sec- 
retaries or  clerks,  treasurers,  collectors,  councilmen, 
trustees,  marshals,  street  commissioners,  surveyors  and 
assessors,  shall  at  such  times  as  now  provided  by  law  to 
hold  their  annual  elections,  elect  the  above  named  offi- 
cers, who  shall  hold  their  respective  offices  for  the  terms 
of  time,  and  of  each  of  the  above  named  officers  such 
number  as  are  now  provided  by  law,  and  in  all  munici- 
pal elections  in  this  State,  no  other  or  different  qualifi-  uon1of'a" 
cations  shall  be  required  of  voters  than  that  which  shall  %° 
entitle  them  to  vote  at  any  township,  county,  or  State 
election,  except  that  their  residence  shall  be  in  the  ward 
of  the  city  or  town  where  such  election  shall  be  holden. 


70 


CHARTER  OF  THE 


Act  of 
March  10, 
1852,  de- 
clared to 
apply  to 
certain  of- 
ficers. 


Construc- 
tion to  be 
given  to 
said  act 
limited 
and  de- 
clared. 


Vacancies 
how  certi- 
fied and 
filled. 


AN  ACT  explanatory  to  the  act  entitled  “ An  act  providing  for  the  election 
of  town  and  city  officers,  and  prescribing  the  qualifications  of  voters  in 
such  elections,”  approved  March  10,  1852,  and  to  provide  for  filling  vacan- 
cies in  the  office  of  councilman  or  trustee. 

[Approved  April  23,  1852.] 

(See  Acts  of  1851-2,  page  125.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana , That  the  act  entitled  “ An  act  for  the 
election  of  town  and  city  officers,  and  prescribing  the 
qualifications  of  voters  in  such  elections,”  approved 
March  10,  1852,  shall  be  construed  to  apply  to  all  in- 
corporated cities  and  towns  having  any  or  all  the  offi- 
cers named  in  said  act. 

Sec.  2.  That  said  act  to  which  this  is  explanatory, 
shall  not  be  so  construed  as  to  change  or  affect  any  pro- 
vision of  any  such  act  of  incorporation  in  any  other 
manner  whatever,  than  to  make  all  the  officers  of  anv 
such  corporation  included  within  enumeration  of  offi- 
cers in  the  above  entitled  act,  elective  by  the  legal 
voters  of  any  such  corporation,  or  of  the  wards  thereof, 
as  may  be  provided  for  in  any  such  act  of  incorpora- 
tion; and  to  extend  the  right  of  suffrage  as  in  the 
above  entitled  act  specified,  and  in  all  other  respects 
each  provision  of  every  such  act  of  incorporation  shall 
still  remain  unimpaired  and  in  full  force. 

Sec.  3.  When  a vacancy  occurs  in  the  office  of  coun- 
cilman or  trustee,  it  shall  be  certified  to  the  mayor  or 
president  of  the  proper  city  or  town  by  the  clerk  or 
secretary  thereof,  who  shall  issue  a proclamation  fixing 
the  time  of  the  election  to  fill  such  vacancy  by  the 
legal  voters  of  such  corporation  or  the  proper  ward 
thereof,  as  may  be  provided  for  in  the  act  incorporating 
such  city  or  town. 


AN  ACT  touching  the  qualifications  of  officers  of  municipal  incorporations’ 
and  also  the  qualifications  of  electors  at  municipal  elections,  and  repealing 
all  laws  inconsistent  with  this  act. 

[Approved  June  10,  1852.] 

(See  Revised  Statutes  of  1852,  vol.  I,  page  373.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 


CITY  OF  EVANSVILLE. 


71 


State  of  Indiana,  That  no  property  qualification  shall  g^aimca- 
be  necessary  to  render  any  citizen  eligible  to  hold  any  officers?^1- 
office  of  any  municipal  incorporation  in  the  State.  fined’ 


Sec.  2.  That  in  all  municipal  elections  under  town  or  Quaimca- 
city  charters  in  this  State,  no  other  qualification  shall  voters, 
hereafter  be  required  of  any  voter  than  such  as  is  made 
necessary  under  the  constitution  of  the  State,  except 
that  the  voter  shall  reside  in  the  ward  or  district  where 
he  may  offer  to  vote. 

Sec.  3.  All  laws  or  parts  of  laws  contravening  the  ^®5selhlg 
provisions  of  this  act  be  and  the  same  are  hereby  re- 
pealed ; and  as  an  emergency  exists  for  the  immediate 
taking  effect  thereof,  it  is  declared  to  be  in  force  from 
and  after  its  passage  and  publication  in  the  Indiana 
State  Sentinel. 

AN  ACT  to  enable  the  Common  Councils  of  the  several  incorporated  cities  of 
this  State  to  prescribe,  by  ordinance,  the  time  within  which  the  annua  i 
assessments  for  city  purposes  shall  be  made,  and  the  rolls  thereof  returned  ; 
and  the  time  within  which  the  city  tax  rolls  or  duplicate  shall  be  made 
and  delivered  to  the  collecting  officers ; and,  also,  the  time  within  which 
such  collecting  officers  shall  make  their  collections  and  returns. 

[Approved  March  7,  1857.] 


(See  Acts  of  1857,  page  24.) 


Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana,  That  from  and  after  the  passage  of 
this  act  it  shall  and  may  be  lawful  for  the  Common 
Council  of  any  incorporated  city  within  this  State  to 
provide  and  prescribe,  by  a general  ordinance,  the  time 
within  which  the  annual  list  or  assessment  roll  of  per: 
sons,  things,  and  property  subject  to  taxation  for  city 
purposes  shall  be  made  and  returned  by  the  proper 
officer  or  officers ; also  the  time  within  which  the  tax 
roll  or  duplicate  of  such  city  shall  be  annually  made 
and  delivered  to  the  collecting  officer,  and  the  time 
within  which  such  collecting  officer  shall  collect  the 
taxes  charged  in  such  roll  or  duplicate,  and  the  time 
within  which  personal  and  real  estate,  or  either  of  them, 


Common 
Council 
of  any  in- 
corporated 
city  may 
pass  ordi- 
nance 
as  to  time 
of  return- 
ing assess- 
ment list. 
Tax  dupli- 
cate deliv- 
ered to 
collecting 
officer. 
When  as- 
sessments 
to  be  col- 
lected, and 
when  col- 
lecting of- 
ficer to  re- 
turn de- 
linquent 
list. 


72 


CHARTER  OF  THE 


may  be  distrained  and  sold  by  such  collecting  officer, 
for  the  purpose  of  collecting  such  taxes;  and  also  the 
time  or  times  at  or  within  which  any  such  collecting 
officer  shall  make  any  return,  or  statement,  or  delin- 
quent list,  now  required  by  law  to  be  made  by  such 
officer. 

I’he  things  . 

enumer-°  Sec.  2.  Until  the  times  for  doing  the  several  things 

a ted  in  o o 

sec.  i to  be  contemplated  by  the  first  section  of  this  act  shall  be 

done  as  . *■  •' 

now  re-  prescribed  as  therein  provided,  such  things  shall  respec- 

quired  by  1 r . 7 ° r 

sucil otdi-i  fiye^y  be  done  at  or  within  the  times  now  provided  by 
mayCbe  ^aw  f°r  the  doing  thereof. 

passed. 

nouobe  Sec.  ^uthing  in  this  act  contained  shall  be  so  con- 
to  em-ued  8frue(l  as  to  empower  the  Common  Council  of  any  city 
common  t°  change  the  manner  in  which  the  taxes  of  such  city 
change  the  are  required  to  be  assessed  and  collected,  or  the  manner 
co?iecteingfin  which  the  assessing  or  collecting  officers  are  required 
cityTasre-to  make  their  returns. 

quired  by 

Saw.  . . . ' 

Sec.  4.  The  completion  of  his  collections  by  the  col- 

Collec-  . * * 

tions  and  lecting  officer  of  any  such  city,  and  his  final  return, 
deferred6  sbah  not  be  prolonged,  by  virtue  of  anything  in  this  act 
beyond  contained,  beyond  the  second  Monday  of  March  next 

second  . ^ 

Monday  °f  succeeding  the  election  or  appointment  of  such  collect- 
suing.  jng  officer. 

Emergen-  Sec.  5.  An  emergency  is  hereby  declared  to  exist,  re- 
quiring that  this  act  shall  take  effect  immediately  after 
its  passage ; and  it  is,  therefore,  enacted  that  this  act, 
shall  take  effect  and  be  in  force  from  and  after  its 
passage. 


The  16th  section  of  the  License  Law  of  March  5,  1859,  (Acts  of  1859,  page  205), 

reads  as  follows : 

Sec.  16.  All  laws  and  parts  of  laws  coming  in  conflict 
with  any  of  the  provisions  of  this  act  be,  and  the  same 
are  hereby,  repealed ; but  nothing  in  this  act  shall  be 
so  construed  as  to  prohibit  the  Common  Councils  of 
cities  and  the  Boards  of  Trustees  of  incorporated  town 


CITY  OF  EVANSVILLE. 


73 


from  demanding  and  enforcing  a fee  for  license  from  all 
keepers  of  coffee-houses  or  other  places  where  intoxi- 
cating liquors  are  sold  and  drank  within  the  limits  of 
their  respective  corporations. 


AN  ACT  to  provide  tor  the  annexation  of  incorporated  towns  to  incorpora- 
ted cities,  and  for  the  consolidation  or  union  of  incorporated  towns  and 
incorporated  cities. 

[Approved  February  16,  1867.] 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the  *Jtc^rp0* 
State  of  Indiana,  That  where  an  incorporated  town  and  c?t!SSad-1 
an  incorporated  city  adjoin  each  other,  they  may  be^^con- 
consolidated  or  united,  or  the  town  annexed  to  the  city : unite,  to 
Provided , a majority  of  the  qualified  voters  of  the  town  by  aama*e<1 
and  a majority  of  the  qualified  voters  of  the  city  shall  Voters? 
vote  in  favor  thereof,  at  elections  to  be  held  as  herein- 
after provided. 

Sec.  2.  The  Common  Council  of  the  city  and  the  ^JJnciiUof 
President  and  Trustees  of  the  town  shall  first  agree  on JiSteesof 
the  terms  and  conditions  upon  which  such  union,  con-  ^ee  on 
solidation,  or  annexation  shall  take  place,  and  also  upon  consoifda- 
a day  when  an  election  shall  be  held  for  the  people  of  voters  to 
such  town  and  city  to  vote  upon  the  question  of  union, thesame.n 
consolidation,  or  annexation,  upon  the  terms  specified 
in  such  agreement. 

Sec.  8.  Such  agreement  shall  be  made  public  at  least  Agree- 

° # r ment  or 

three  weeks  before  the  time  agreed  upon  for  such  elec-  {^made 
tiou,  by  publishing  the  same  at  least  three  times  in  each  Notice  IS 
newspaper  printed  and  published  in  the  county  where  plJTTn 
such  town  and  city  are  situated,  and  by  posting  printed andby7 
hand-bills  containing  said  agreement  in  three  of  the  buis!ns 
most  public  places  in  each  ward  of  such  town  and  city. 

Sec.  4.  The  election  above  provided  for  shall  be  held  Election  to 
at  the  time  agreed  on,  as  above  provided,  and  at  the  time, 

i . , L . ’ place,  and 

places  where  other  city  and  town  elections  are  usually  day  agreed 

. J on,  and  to 

held  in  such  city  and  town  respectively,  and  be  gov-  jjego- ^rn- 

erned  by  the  laws  and  regulations  governing  other  city 

and  town  elections  in  such  city  and  town  respectively.  electioas,‘ 

10 


74 


CHARTER  OF  THE 


Those  Sec.  5.  Those  who  vote  in  favor  of  anion  or  annexa- 

voting  for 

,\ni1°ln.  tion  according  to  the  agreement  aforesaid  shall  have  on 
ont^eir  ” their  tickets  the  word  “Union,”  and  those  who  vote 
and  tiiose  again  at  it  shall  have  on  their  tickets  the  words  “Xo 
uScm  “ No  Union  ” or  equivalent  words. 

Union”  on 
i heir 
tickets. 


The  in-  Sec.  6.  The  Inspectors  and  Judges  of  the  Election 
and  judges  shall  report  to  the  Common  Council  and  President  and 
port  to  the  Trustees  respectively  the  result  of  such  election,  and 

Common 

Council  the  report  of  the  Inspectors  and  Judges  of  the  town 
Trustees1  e^ec^on  shall  be  entered  on  the  records  of  the  President 
fySSietre-"and  Trustees,  and  a certified  copy  thereof  delivered  to 
sucVeiec-  the  Clerk  of  the  city,  and  the  report  of  the  Inspectors 
such  re-  and  Judges  of  the  city  election  shall  be  entered  on  the 
enteretum records  of  the  Common  Council,  and  a certified  copy 
common1  thereof  delivered  to  the  Clerk  of  the  town  ; and  if  a 
councn,  majority  of  the  votes  given  in  the  town  as  well  as  a 
majority  of  the  votes  given  in  the  city  are  in  favor  of 
union  or  annexation,  then  the  President  and  Trustees 
and  the  Common  Council  shall  meet  at  the  Council 
Chamber  of  the  City  Council,  and  by  resolution  declare 
that  the  town  is  annexed  to  the  city  or  the  two  united, 
as  the  case  may  be,  according  to  the  agreement  afore 
said,  and  such  resolution  shall  be  entered  on  the  records 
of  the  City  Council,  and  such  record  and  certified  cop- 
ies thereof  shall  be  conclusive  evidence  of  such  union 
or  annexation,  and  a copy  of  such  resolution  shall  also 
be  recorded  in  the  Recorder’s  office  of  the  county  where 
such  city  is  situated,  and  copies  of  such  record  shall  be 
good  evidence  in  all  Courts. 


If  voters  Sec.  7.  If  the  agreement  aforesaid  should  be  to  annex 

able  toVam  the  town  to  the  city,  and  the  election  and  resolution 
then  the’  aforesaid  shall  be  in  favor  thereof,  then  the  town  shall 

town  to  be  . 

deemed  be  deemed  a part  of  the  city  to  all  intents  and  purposes, 
and  the  city  shall  continue  its  corporate  name  and  ex- 
istence. 


CITY  OF  EVANSVILLE. 


75 


Sec.  8.  If  the  agreement  aforesaid  be  to  unite  or  con-  ifagree- 

o ment  be  to 

solidate,  then  the  agreement  aforesaid  shall  contain  also 
a stipulation  as  to  the  name  of  the  consolidated  orjjgj^ 
united  town  or  city.  name 9/° 

consoli- 
dated city 
or  town. 


Sec.  9.  When  a town  and  city  shall  be  consolidated 
or  united  as  aforesaid,  they  shall  constitute  one  city  by 
the  corporate  name  agreed  on  as  aforesaid. 


When 
town  and 
city  con- 
solidate to 
constitute 
one  city  by 
corporate' 
name 
agreed  on. 


Sec.  10.  In  case  of  annexation  as  aforesaid,  the  city  mease  or 


shall  be  liable  for  all  debts,  contracts,  and  liabilities  of 
the  town,  and  shall  be  entitled  to  all  the  rights,  credits, 
moneys,  effects,  and  property  of  the  town,  and  may  sue 
and  be  sued  in  relation  thereto  in  the  name  of  the  city ; 
and  in  case  of  a union  or  consolidation,  the  new  city 
shall  be  liable  for  all  debts,  contracts,  and  liabilities  of 


annexa- 
tion, city 
to  be  liable 
lor  all 
debts,  Ac. 
of  town, 
and  enti- 
tled to  all 
rights,  Ac. 
of  the 
town,  Ac . 


the  town  and  city  consolidated,  and  be  entitled  to  all 
the  rights,  credits,  moneys,  effects,  and  property  of  the 
town  and  city  consolidated  or  united,  and  may  sue  and 
be  sued  in  relation  thereto  in  the  name  agreed  on  and 


adopted  for  the  consolidated  city  as  aforesaid  ; and  in 
case  of  either  annexation  or  consolidation,  all  actions 
pending  may  be  prosecuted  to  final  judgment  and  exe- 
cution, and  all  judgments  heretofore  rendered  may  be 
executed  and  enforced  without  any  change  of  the  parties 
and  without  any  change  of  the  name  of  the  plaintiff  or 
defendant. 


Sec.  11.  Whereas,  there  is  no  act  now  in  force  on  this  Emergen- 
cy. 

subject,  therefore  an  emergency  is  hereby  declared,  re- 
quiring that  this  act  should  take  effect  immediately  after 
its  passage  ; it  is,  therefore,  enacted  that  this  act  shall 
take  effect  and  be  in  force  from  and  after  its  passage. 


ANNEXING  THE  TOWN  OF  LAMASCO  CITY  TO 
THE  CITY  OF  EVANSVILLE. 


See  Records  of  the  Common  Council  of  the  City  of  Evansville  ot  March  28, 
A.D.  1857 ; also,  Deed  Records  of  Vanderburgh  County,  Book  No.  4,  page 
606,  etc. 

Joint  con-  B e # remembered , That  on  the  twenty-eighth  day  of 
the com-°f March,  A.D.  1857,  the  Mayor  and  Common  Council  of 
council  of  the  city  of  Evansville  and  the  President  and  Trustees 
Evans^  of  of  the  town  of  Lamasco  City  met  at  the  Council  Cham- 
Board  of  ber  of  the  Common  Council  of  the  city  of  Evansville, 

Xrustt36s 

towrf of  ^alf-past  seven  o’clock  p.m.  of  said  day,  in  pursuance 

?’f™asco  ^ie  re(luirenients  °f  an  act  of  the  General  Assembly 

of  the  State  of  Indiana,  entitled  “ An  Act  to  provide 
for  the  annexation  of  incorporated  towns  to  incorpora- 
ted cities,  and  for  the  consolidation  or  union  of  incor- 
porated towns  and  incorporated  cities,  approved  Feb- 
ruary 16,  1857 when  present,  John  Ilewson,  Mayor  of 
the  city  of  Evansville,  and  Matthew  W.  Foster,  James 
Scan tl in,  jr.,  George  W.  Rathbone,  Frederick  W.  Cook, 
Samuel  Orr,  Joseph  Setchell,  George  Venneman,  and 
William  Hunnel,  Councilmen  of  the  city  of  Evansville, 
and  Peter  Sharpe,  President  and  one  of  the  Trustees  of 
the  town  of  Lamasco  City,  and  George  Wolflin,  Archi- 
bald Sullivan,  William  Warren,  Thomas  Bolus,  Louis 
Daum,  and  John  Kramer,  Trustees  of  the  town  of  La- 
masco City. 


AGREEMENT  OF 


77 


On  motion,  Mayor  llewson  was  appointed  to  preside 
over  the  meeting ; after  which  the  following  preamble 
and  resolutions  were  unanimously  adopted  by  the  said 
Common  Council  of  the  city  of  Evansville  and  by  the 
President  and  Trustees  of  the  town  of  Lamasco  City, 
so  in  joint  convention  assembled  as  aforesaid  : 

Whereas,  The  Common  Council  of  the  city  of  Ev-  Preamble, 
ansville  and  the  President  and  Trustees  of  the  town  of 
Lamasco  City  did,  on  the  second  day  of  March,  1857,  in 
pursuance  of  an  act  of  the  General  Assembly  of  the 
State  of  Indiana,  approved  the  16th  day  of  February, 

A.D.  1857,  and  entitled  “An  Act  to  provide  for  the 
annexation  of  incorporated  towns  to  incorporated  cities, 
and  for  the  consolidation  or  union  of  incorporated 
towns  and  incorporated  cities,5’  make  the  following 
agreement,  that  is  to  say : 

In  pursuance  of  an  act  of  the  General  Assembly  of 
the  State  of  Indiana,  approved  February  16,  1857,  enti- 
tled “An  Act  to  provide  for  the  annexation  of  incor- 
porated towns  to  incorporated  cities,  and  for  the  con- 
solidation or  union  of  incorporated  towns  and  incor- 
porated cities It  is  hereby  agreed  by  and  between  the 
Common  Council  of  the  city  of  Evansville  and  the 
President  and  Trustees  of  the  town  of  Lamasco  City, 
that  the  said  town  of  Lamasco  City  be  annexed  to  the 
city  of  Evansville,  on  the  following  terms  and  condi- 
tions, to~wit : 

First.  The  town  of  Lamasco  City  shall  become  a part  Terms  of 

, . ■*-  annexa- 

of  the  city  of  Evansville  to  all  intents  and  purposes  tion- 
upon  the  ratification  of  this  agreement  by  a majority  of 
the  qualified  voters  of  said  city  and  town  respectively,  The  cit  of 
under  the  provisions  of  said  act,  and  the  city  of  Evans-  ^succeed 
ville  shall  succeed  to,  and  become  possessed  of,  and  en-  ^ghtsland 
titled  to,  all  the  property,  real  and  personal,  and  all  the  s&fefSi 
rights,  credits,  moneys,  and  effects  of  the  said  town,  and&c?,oef  tSe 
said  city  shall  be  liable  for  all  the  debts,  contracts,  and  Lamasco 
liabilities  of  said  town. 


78 


ANNEXATION. 


Trustees  of  Second.  Upon  the  ratification  of  this  agreement  by 
titiede?o  the  voters  of  said  city  and  town  as  aforesaid,  and  upon 
the^com-  consummation  of  the  annexation  of  said  town  to 
Council  of  said  city,  under  the  provisions  of  said  act,  the  Trustees 
i'>anstyofof  the  town  of  Lamasco  City  shall  be  entitled  to  seats 
in  the  Common  Council  of  the  city  of  Evansville,  as 
members  thereof ; and  each  ward  of  the  present  town 
of  Lamasco  City  shall  be  and  constitute  a ward  of  the 
city  of  Evansville,  until  the  wards  of  the  city  of  Evans- 
ville shall  be  changed  by  the  Common  Council  of  the 
city,  in  pursuance  of  the  charter  thereof;  but  it  is  un- 
derstood, however,  that  the  wards  of  said  city?  shall 
never  be  so  arranged  or  constituted  as  to  deprive  any 
part  of  the  united  city  of  its  due  weight  in  the  Com- 
mon Council  according  to  its  population. 


stock°ad  Third.  The  stock  in  the  Evansville  and  Crawfords- 
citylof Ev-  ville  Railroad  Company  now  owned  and  held  by  the 
how  man- present  city  of  Evansville  shall,  after  the  annexation,  be 
controlled,  held  by  the  Common  Council  of  the  united  city  in  trust 
for  the  benefit  of  that  part  of  the  united  city  which 
constitutes  the  present  city  of  Evansville ; and  the 
members  of  the  Common  Council  representing  the  ter- 
ritory or  w^ards  constituting  the  present  city  of  Evans- 
ville, or  a majority  of  them,  shall  control  said  stock 
and  all  questions  in  relation  thereto;  and  no  property  ? 
persons,  effects,  or  things  within  the  territory  or  wards 
of  the  present  town  of  Lamasco  City,  and  not  now  tax- 
able by  the  corporate  authorities  of  the  city  of  Evans- 
ville, shall  ever  be  taxed  to  pay  any  of  the  principal  or 
interest  of  the  debt  contracted  by  the  city  of  Evansville 
to  pay  her  subscription  to  the  capital  stock  of  said  rail- 
road company. 


oebtcon-^  Fourth.  After  the  said  annexation  of  the  said  town  to 
payment  said  city  shall  have  been  consummated,  the  taxes  which 

of  said  i ....... 

paid^  ^ow  may  he  necessary  to  meet  the  principal  and  interest  of 
the  debt  contracted  by  the  city  of  Evansville  to  pay  her 
subscription  to  said  capital  stock  of  said  railroad  com- 


AGREEMENT  OF 


79 


pany  shall  be  levied,  assessed  and  collected  upon  all 
other  persons,  property,  effects  and  things,  which  are  or 
may  hereafter  become  subject  to  taxation  by  the  cor- 
porate authorities  of  the  united  city,  saving  and  except- 
ing the  property,  persons,  effects  and  things  expressly 
exempted  from  such  taxation  by  the  next  preceding 
section  of  this  article. 


Fifth.  ISTothing  in  the  third  article  of  this  agreement 
shall  be  so  construed  as  to  exclude  the  councilmen  of 
any  territory  which  may  be  added  to  or  incorporated 
into  the  city  after  the  annexation  of  said  town  to  said 
city  shall  be  consummated,  from  having  a voice  in  the 
control  of  said  railroad  stock;  but  the  intention  of  this 


Represen- 
tatives of 
territory 
hereafter 
annexed 
to  have 
voice  in 
control  of 
said  stock. 
What  per- 
sons, pro- 
perty. &c.. 


agreement  is  that  the  people  of  any  such  territory  shall  taxation10 
have  the  same  rights  in  said  railroad  stock,  and  be  sub-  menfof 
ject  to  the  same  burdens  with  the  people  of  the  present  |nd in -W 
city  of  Evansville.  terest‘ 

Sixth.  That  an  election  be  held  on  the  twenty-sixth  QUestiori 
day  of  March,  1857,  under  the  provisions  of  said  act t/onGoiaS- 
for  the  people  of  the  city  of  Evansville  and  of  the  town  m?ttedStob 
of  Lamasco  City,  to  vote  upon  the  question  of  the  an-  the  people, 
nexation  of  said  town  to  said  city,  upon  the  terms  spec- 
ified in  this  agreement. 


Seventh.  It  is  further  agreed  and  understood  between  Taxes  of 

. , Lamasco 

the  parties  aforesaid,  that  until  the  town  of  Lamasco  unpaid  at 

1 _ time  of  an- 

City  is  annexed  under  the  act  providing  for  the  annex- ^yat^n- 
ation  of  incorporated  towns  to  incorporated  cities,  ap-leeted- 
proved  February  16,  1857,  that  the  Marshal  of  the  town 
of  Lamasco  City  shall  proceed  to  collect- all  taxes,  de- 
linquent or  otherwise ; but  after  the  annexation  of  said 
town  of  Lamasco  City  to  the  city  of  Evansville,  the 
delinquent  taxes  due  for  the  years  1855  and  1856  and 
any  previous  year,  shall  be  carried  on  to  the  duplicate 
tax  list  of  the  city  of  Evansville,  and  collected  by  the 

collector  of  taxes  for  the  city  of  Evansville,  in  the 
same  manner  as  the  delinquent  taxes  of  said  city  are 
now  collected  by  law,  and  paid  into  the  city  treasury  of 
Evansville. 


80 


ANNEXATION. 


Publica- 
tion of 
agree- 
ment of 
annexa- 
tion. 


Election 
It ekl  in 
Evans- 
ville and 
Lamasco. 


And  Whereas,  The  said  agreement  was  made  public 
by  publishing  the  same  in  all  the  newspapers  printed  in 
Vanderburgh  county  three  times,  three  weeks  before 
the  twenty-sixth  day  of  March,  1857,  and  by  posting 
printed  handbills  containing  said  agreement  in  three  of 
the  most  public  places  in  each  ward  of  the  city  of  Ev- 
ansville, and  in  each  ward  of  the  town  of  Lamasco 
City,  as  required  by  the  third  section  of  said  act : And 
whereas , An  election  was  held  on  the  said  twenty-sixth 
day  of  March,  1857,  in  said  city,  as  well  as  in  said  town, 
at  the  places  where  other  city  and  town  elections  are 
usually  held  in  said  city  and  town  respectively,  which 
election  was  held  in  pursuance  of  said  act  and  of  the 
aforesaid  agreement : And  tohereas , The  inspectors  and 

judges  of  the  election  so  held  in  the  city  of  Evansville 
reported  to  the  Common  Council  of  said  city,  on  the 
twenty-seventh  day  of  March,  1857,  that  there  were 
three  hundred  and  ninety-two  votes  cast  in  said  city  at 
said  election,  of  which  three  hundred  and  seventy  were 
in  favor  of,  and  twenty-two  against  the  annexation  of 
the  town  of  Lamasco  City  to  the  city  of  Evansville, 
Evans-n  m which  report  was  entered  on  the  records  of  said  Com- 
Y,ll°*  mon  Council,  and  a certified  copy  thereof  wa3,  on  the 
twenty-eighth  day  of  March,  1857,  delivered  to  the 
Clerk  of  the  town  of  Lamasco  City : And  whereas , 

The  judges  and  inspectors  of  said  election  so  held  m 
the  town  of  Lamasco  City,  did  also,  on  the  twenty- 
eighth  day  of  March,  1857,  report  to  the  president  and 
trustees  of  the  town  of  Lamasco  City  that  there  were 
two  hundred  and  sixty-eight  votes  cast  in  said  town  at 

election  in  said  election,  of  which  two  hundred  and  thirty-nine 

Earaasco.  J P t , , . 

votes  were  in  favor  of,  and  twenty-nine  votes  were 
against  the  annexation  of  said  town  to  said  city,  which 
last  mentioned  report  was  entered  on  the  records  of  the 

president  and  trustees  of  the  town  of  Lamasco  City, 
and  a certified  copy  thereof  was  on  the  same  day  deliv- 
ered to  the  Clerk  of  the  city  of  Evansville. 


Result  of 


ANNEXATION. 


81 


And  in  pursuance  of  the  premises,  the  Mayor  and 
Common  Council  of  the  city  of  Evansville,  and  the 
President  and  Trustees  of  the  town  of  Lamasco  City, 
in  joint  convention  assembled  at  the  council  chamber 
of  the  Common  Council  of  the  said  city,  do  now  here 
unanimously — 

Resolve  and  declare , That  the  town  of  Lamasco  City‘ReHOlu- 
te  and  the  same  is  hereby  annexed  to  the  city  of  Evans- 
ville,  upon  the  terms  and  conditions  specified  in  the  cft™toCthe 
said  agreement  made  by  and  between  the  Common  ans\?iie.v’ 
Council  of  the  citv  of  Evansville  and  the  President  and 
Trustees  of  the  town  of  Lamasco  City,  as  aforesaid,  and 
that  this  resolution  and  the  foregoing  preamble  shall  be 
entered  at  large  on  the  records  of  the  Common  Coun- 
cil of  the  city  of  Evansville,  and  that  the  Mayor  and 
Clerk  furnish  to  the  Recorder  of  Vanderburgh  county 
for  record  a duly  certified  copy  of  the  proceedings  of 
this  meeting. 


11 


CHARTEK  OF  THE 


AN  ACT  to  amend  the  seventy-first  section  of  an  act  entitled  “An  act 
granting  to  the  citizens  of  the  town  of  Evansville,  in  the  county  of  Van- 
derburgh, a city  charter,’7  approved  January  27,  1847,  and  to  add  supple- 
mental sections  to  said  act. 

[Approved  March  6,  1865.] 

(See  Acts  of  186-5,  page  113.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana , That  the  seventy-first  section  of  an 
act  entitled  “An  act  granting  to  the  citizens  of  the 
town  of  Evansville,  in  the  county  of  Vanderburgh,  a 
city  charter,”  approved  January  27,  1847,  which  sec- 
tion reads  as  follows,  viz.: 

“ Sec.  71.  At  any  time  after  this,  act  takes  effect,  any 
territory  adjoining  the  city  of  Evansville,  which  is  or 
may  be  laid  out  in  streets  and  lots,  and  the  plat  thereof 
recorded  ; or  any  part  of  any  such  territory  so  laid  out 
in  streets  and  lots,  may  be  annexed  to  and  included 
within  the  limits  of  the  city  of  Evansville,  in  the  man- 
ner hereinafter  provided,  viz.:  Whenever  three-fourths 
of  the  adult  inhabitants  of  any  such  adjoining  territory, 
who  are  freeholders  therein,  and  own  one-third  of  such 
territory,  shall  desire  to  have  the  same  annexed  to  and 
included  within  the  limits  of  said  city;  or  whenever 
the  owners  in  fee  of  one-half  of  any  such  territory, 
whether  inhabitants  thereof  or  not,  shall  desire  to  have 
the  same  annexed  to  or  included  within  the  limits  of 
said  city,  and  shall  express  such  desire  by  a written 
petition,  signed  by  three-fourths  of  such  freehold  in- 
habitants, or  the  owners  of  one-half  of  such  territory, 
expressing  therein  distinctly  the  territory  intended  or 


CITY  OF’ EVANSVILLE. 


83 


desired  to  be  annexed  to  and  included  within  the  limits  ^ti"! 

recited 

of  said  city,  the  Common  Council,  upon  such  petition 
being  presented  to  them,  shall,  if  they  think  proper, 
enter  such  petition  at  full  length  upon  their  records,  and 
order  the  territory  described  in  silch  petition  to  be  an- 
nexed to,  and  included  within  the  limits  of  said  city  ; 
and  thenceforth  such  territory  shall,  be  deemed  and 
taken  to  be  annexed  to  and  within  the  limits  of  said 
city,  and  the  inhabitants  thereof  members  of  the  cor- 
poration hereby  created,  to  all  intents  and  for  all  pur- 
poses whatever,  and  the  territory  so  annexed  shall 
constitute  one,  or  be  divided  into  two  or  more  wards  of 
the  city  of  Evansville,  as  shall  be  provided  by  an  ordi- 
nance or  ordinances  of  the  Common  Council,  and  such 
ward  or  wards  shall  be  represented  in  the  Common 
Council  in  the  same  manner  as  other  wards  of  the  city ; 
and  the  Mayor  and  the  Common  Council,  and  all  other 
officers  of  the  city  shall  have  the  same  jurisdiction  over, 
and  exercise  the  same  powers  within  any  territory  so 
annexed,  as  they  may  have  or  exercise  within  the  limits 
of  the  city  of  Evansville,  as  herein  defined  and  pre- 
scribed, and  also  over  and  upon,  the  Ohio  River,  and 
the  shore  thereof  in  front  of  such  annexed  territory: 
Provided , That  no  revenue  assessed,  collected  or  raised, 
without  any  territory  so  annexed  as  aforesaid,  shall  be 
expended  for  any  improvements  or  repairs  of  streets, 
alleys,  wharves  or  landings  within  or  in  front  of  such 
territory,  or  for  any  labor  or  service  done  or  rendered 
in  or  for  the  benefit  of  such  territory  or  the  inhabitants 
thereof ; nor  shall  any  revenue  raised,  levied  or  col- 
lected within  such  territory  be  expended  except  in  such 
territory  and  for  the  benefit  of  the  same,  or  the  inhabi- 
tants thereof,  until  the  Common  Council  shall  other- 
wise direct  by  a general  ordinance,  which  ordinance 
shall  not  be  passed  without  the  consent  of  all  the  mem- 
bers of  the  Common  Council  representing  such  terri- 
tory, if  there  be  less  than  three,  or  a majority  of  them 
if  there  be  three  or  more,” — • 


84 


CHARTER  OF- THE 


How 

amended. 


Annexa- 
tion of 
contigu- 
ous terri- 
tory when 
platted 
and  re- 
corded. 


Be  and  the  same  is  hereby  amended  to  read  as  fol- 
lows, viz.: 

Sec.  71.  Whenever  there  may  be,  or  shall  have  been 
lots  laid  off  and  platted  adjoining  said  city  of  Evans- 
ville, and  a record  of  the  same  is  made  in  the  Recorder’s 
office  of  Vanderburgh  county,  the  Common  Council  of 
said  city  may,  by  resolution,  extend  the  boundaries  of 
said  city  so  as  to  include  such  lots  with  the  streets  and 
alleys  thereof,  or  any  part  or  portion  of  the  same,  and 
the  lots,  streets  and  alleys  thus  annexed  shall  thereafter 
form  a part  of  said  city,  and  be  within  the  jurisdiction 
of  the  same.  The  resolution  of  the  Common  Council 
annexing  such  lots  shall  refer  to  the  recorded  plat  of 
such  lots,  and  if  the  resolution  shall  not  annex  all  the 
lots  contained  in  such  plat,  it  shall  define  the  bounda- 
ries of  the  part  or  portion  of  said  lots  so  annexed,  and 
the  Common  Council  of  said  city  shall,  within  ten  days 
from  and  after  the  adoption  of  any  such  resol ution 
cause  a copy  thereof,  certified  by  the  Mayor  under  the 
seal  of  the  city,  to  be  filed  in  the  office  of  the  Recorder 
aforesaid,  and  the  same  shall  be  recorded  in  said  office. 


Sec.  2.  When  said  city  shall  desire  to  annex  contigu- 
ous territory  thereto,  not  platted  or  laid  off*,  the  Com- 


Annexa- 
lion  of 
contigu- 

tory1  when  mon  Council  shall  present  to  the  Board  of  County 
tea1 and^e- Commissioners  of  said  county  a petition  setting  forth 

corded.  . ' . , . , 

the  reasons  for  such  annexation,  and  shall  accompany 
the  same  with  a map  or  plat,  accurately  describing  by 
metes  and  bounds  the  territory  proposed  to  be  attached? 
wdiich  shall  be  verified  by  affidavit. 


Such  Common  Council  shall  give  thirty  days’  notice, 
by  publication  in  one  or  more  newspapers  of  the  city, 
of.  the  intended  petition,  stating  in  such  notice  the 
territory  to  be  annexed. 

Duty  of  sEc.  3.  The  Board  of  County  Commissioners,  upon 
sSnSsS’on  the  reception  of  such  petition,  shall  consider  the  same, 
o1pePution.ail(^  hear  the  testimony  offered  for  or  against  such 
annexation;  and  if,  after  inspection  of  the  map,  and  of 


CITY  OF  EVANSVILLE. 


85 


all  the  proceedings  had  in  the  case,  such  Board  is  of  the 
opinion  that  the  prayer  of  the  petition  should  be 
granted.it  shall  cause  an  entrv  to  be  made  in  the  order- 
book,  specifying  the  territory  annexed,  with  the  bound-  Eiitvv  to 
aries  of  the  same,  according  to  the  survey,  and  they  bemadein 
shall  cause  an  attested  copy  of  entry  to  be  filed  with 
the  Clerk  of  the  Circuit  Court  of  such  county,  which  gopy  to  be 
shall  be  conclusive  evidence  of  such  annexation  in  all  circuit^ 
courts  of  this  State;  and  the  Common  Council  shall court' 
cause  a plat  of  the  annexed  territory  to  be  recorded  ; piat,  to  be 
Provided,  That  twenty  days’  notice  of  the  pendency  of 
such  petition  shall  be  sufficient ; which  notice,  in  the  Proviso, 
absence  of  any  person  owning  property  proposed  to  be 
annexed,  may  be  served  on  his  agent,  or  by  publication 
in  some  newspaper  printed  and  published  in  said  city. 

Sec.  4.  The  Common  Council  of  said  city  shall  have  power  to 
power  to  pass  ordinances,  to  regulate  all  inns,  taverns,  intis, ^w- 

• • eras  6t<'. 

or  other  places  used  or  kept  for  public  entertainment; 
also  all  shops  and  other  places  kept  for  the  sale  of  arti- 
cles to  be  used  in  and  upon  the  premises. 

Sec.  5.  If  any  real  or  personal  property  within  said  Property 
city,  or  any  money  or  capital  within  said  city,  which  is  ^assess- 
or may  be  taxable  under  the  provisions  of  said  act  ofg®^Jjsat 
January  27,  1847,  shall  be  omitted  from  the  assessment 
rolls  of  said  city  for  any  year,  it  shall  be  lawful  for  the 
Common  Council  of  said  city,  at  any  time  before  the 
time  limited  for  the  making  of  the  collecting  officer’s 
final  return  of  his  duplicate  and  proceedings,  to  cause 
such  property,  money,  or  capital  to  be  assessed  and 
added  to  the  assessment  roll  of  said  year,  and  to  be  car- 
ried forward  to  the  duplicate  in  the  hands  of  the  col- 
lector, with  the  proper  amount  of  taxes  charged  to  the 
owner,  under  such  rules  and  regulations  as  said  Council 
may,  by  general  ordinance,  prescribe;  and  said  taxes 
may  be  collected  in  like  manner,  and  to  the  same 
extent,  as  if  such  property,  capital,  or  money  had  been 
included  in  the  original  assessment  roll,  and  regularly 


86 


CHARTER  OF  THE 


carried  forward  to  the  duplicate  at  the  proper  time  : 
proviso.  Provided,  however,  That  when  auy  assessment  shall  be 
made  under 'the  provisions  of  this  section,  the  owner, 
or  his  agent,  shall,  whenever  practicable,  be  notified  of 
such  assessment,  so  that  he  may  appear  before  the  Com- 
mon Council  and  have  such  assessment  corrected,  mod- 
« * ified,  or  equalized  ; and  it  shall  be  lawful  for  the  Com- 

mon Council  to  make  such  corrections,  modification,  or 
equalization  of  such  additional  assessments  as  the  facts 
may  require. 

M Sec.  6.  Every  person  who  shall  own,  or  have  in  his 

tm-Sshow possession,  or  subject  to  his  control,  any  personal  prop- 
made.  erty  within  said  city  subject  to  taxation  under  said  act 
of  January  27,  1847,  with  authority  to  sell  the  same, 
which  shall  have  been  purchased  either  in%  or  out  of 
this  State,  with  a view  of  being  sold  at  an  advanced 
price  or  profit,  or  which  shall  have  been  consigned  'to 
him  from  any  place  out  of  this  State,  shall  be  held  to 
be  a merchant,  and  at  all  times  when  he  shall,  in  pur- 
suance' of  the  said  act  of  January  27,  1847,  or  of  the 
ordinances  made,  or  to  be  made,  in  accordance  there- 
with, be  required  to  make  out  and  deliver  to  the  As- 
sessor of  said  city  a statement  of  his  other  personal 
property,  he  shall  state  and  attest  on  oath  or  affirmation 
the  value  of  such  property  appertaining  to  his  business 
♦ as  a merchant  ; and  in  estimating  the  value  thereof,  he 
shall  take  as  a criterion  the  average  value  of  all  such 
articles  of  personal  property  he  shall  have  had  from 
time  to  time  in  his  possession,  or  under  his  control, 
during  the  year  ending  on  the  thirty-first  day  of  March 
next  previous  to  the  time  of  making  such  statement,  if 
so  long  he  shall  have  been  engaged  in  business,  and  if 
not,  then  during  such  time  as  he  shall  have  been  so  en- 
gaged, and  the  average  shall  be  made  up  by  taking  the 
amount  in  value  on  hand,  as  nearly  as  may  be,  in  each 
month  of  the  said  next  preceding  year  in  which  the 
person  making  such  statement  shall  have  been  engaged 

t 


CITY  OF  EVANSVILLE. 


87 


in  business,  adding  together  such  amounts,  and  dividing 
the  aggregate  amount  thereof  by  the  number  of  months 
that  the  person  making  the  statement  may  "have  been  in 
business  during  the  preceding  year  : Provided , That  no 
consignee  shall  be  required  to  list  for  taxation  the  value 
of  any  property,  the  product  of  this  State, ‘which  shall 
have  been  consigned  to  him  for  sale,  or  otherwise,  from 
any  place  within  this  State,  or  the  value  of  any  prop- 
erty consigned  to  him  from  any  other  place  for  the  sole 
purpose  of  being  stored  or  forwarded:  Provided , HeProv]SO’ 
shall,  in  either  case,  have  no  interest  in  such  property, 
nor  in  any  profit  to  be  derived  from  its  sale ; and  the 
word  “ person,”  as  used  in  this  and  the  next  succeeding 
section,  shall  be  held  to  mean  and  include  firm,  com- 
pany, or  corporation. 

Sec.  7.  Every  person  who  shall  purchase,  receive,  or  Manufac- 
hold  personal  property  of  any  description  subject  to  llow 
taxation,  under  said  act  of  January  27,  1847,  for  the 
purpose  of  adding  to  the  value  thereof  by  any  process 
.of  manufacturing,  refining,  rectifying,  or  by  the 'combi- 
nation of  different  materials,  with  a view  of  making 
gain  or  profit  by  so  doing,  shall  be  held  to  be  a manu- 
facturer, and  shall  at  all  times  when,  by  virtue  of  the 
said  act  of  March  27,  1847, , or  of  the  ordinances  made 
in  pursuance  thereof,  he  is  required  to  make  out  and 
deliver  to  the*  Assessor  of  said  city  a statement  of  the  * 
amount  or  value  of  his  other  personal  property  subject 
to  taxation  under  said  act,  also  state  the  average  value 
estimated,  as  provided  in  the  preceding  section,  of  all 
articles  purchased,  received,  or  otherwise  held  for  the 
purpose  of  being  used,  in  whole  or  in  part,  in  any  pro- 
cess or  operation  of  manufacturing,  combining  rectify- 
ing, or  refining,  which  from  time  to  time  he  shall  have 
had  on  hand  during  the  year  next  previous  to  the  time 
of  making  such  statement,  if  so  long  he  shall  have  been 
engaged  in  such  manufacturing  business,  and  if  not, 
then  during  the  time  he  shall  have  been  so  engaged 

• 


i 


88 


CHARTER  OF  THE 


within  said  city,  and  such  statement  shall  be  attested  on 
oath ; but  in  determining  the  value  of  all  articles  man- 
ufactured by  him  and  remaining  on  hand  unsold,  the 
cost  of  the  materials  entering  into  their  combination  or 
of  which  they  were  made,  with  the  cost  of  the  mate- 
rials used  or  consumed  in  the  process  of  manufacturing, 
combining,  rectifying,  or  refining,  shall  be  taken  as  the 
criterion  of  value  for  the  purpose  of  taxation. 


General 
jaw  incor- 
porating 
cities  not 
to  be 
adoptedby 
tlie  com- 
i noncoun- 
cil. ' 


Emergen- 

cy. 


Proof  of 
publica- 
tion. 


Sec.  8.  It  shall  not  be  lawful  for  the  Common  Coun- 
cil of  said  city,  from  and  after  the  taking  effect  of  this 
act,  to  adopt  the  general  law  for  the  incorporation  of 
cities,  approved  March  9,  1857,  and  thereby  surrender 
its  present  charter,  without  first  obtaining  the  consent 
of  a majority  of  the  qualified  voters  of  said  city  to  such 
adoption,  to  be  ascertained  by  an  election  to  be  held 
under  such  regulations  as  may  be  prescribed  by  a gen- 
eral ordinance  of  said  city ; of  which  election,  and  the 
object  and  purpose  thereof,  at  least  fifteen  days’  pre- 
vious notice  shall  be  given  by  publication  in  all  the 
newspapers  of  said  city. 

Sec.  9.  An  emergency  is  hereby  declared  for  the  im- 
mediate taking  effect  of  this  act,  and  the  same  shall 
therefore  be  in  force  from  and  after  its  passage ; and  the 
Secretary  of  State  shall  forward  a copy  thereof  to  the 
Mayor  of  said  city,  who  shall  cause  it  to  be  published  in 
some  newspaper  of  said  city. 

State  of  Indiana, 

Vanderburgh  County,  y ss . 

City  of  Evansville, 


F.  M.  Thayer,  one  of  the  publishers  of  the  Evansville 
Daily  Journal,  a newspaper  printed  at  said  city,  being 
duly  sworn,  says,  that  the  foregoing'act,  entitled  “ An 
Act  to  amend  the  seventy-first  section  of  an  act  en- 
titled ‘ An  Act  granting  to  the  citizens  of  the  town  of 
Evansville,  in  the  county  of  Vanderburgh,  a city  charter,7 
approved  January  27,  1847,  and  to  add  supplemental 
sections  to  said  act,”  was  published  in  said  Evansville 


CITY  OF  EVANSVILLE. 


89 


Daily  Journal,  and  that  its  first  insertion  was  in  the 
paper  issued  on  the  16th  day  of  March,  1865. 


F.  M.  THAYER. 


Subscribed  and  sworn  to  this  20th  day 
of  March,  1865,  before  me. 

W.  Baker,  Mayor. 


AN  ACT  to  amend  the  fortieth  clause  of  section  thirty  of  an  act  entitled  “ An 
Act  granting  to  the  citizens  of  the  town  of  Evansville,  in  the  county  of 
Vanderburgh,  a city  charter,’  approved  January  27th,  1847,  and  declaratory 
of  the  meaning  ol  the  second  section  of  the  same  act.* 

[Approved  December  21, 1865.] 

Section  1.  Whereas,  section  thirty  of  an  act  entitled 
“An  Act  granting  to  the  citizens  of  the  town  of  Evans- 
ville, in  the  county  of  Vanderburgh,  a city  charter,”  ap- 
proved January  27,  1847,  reads  as  follows  : f 

“Sec.  30.  The  Common  Council  shall  have  the  con- 
trol and  management  of  the  finances  and  of  all  the 
property,  real  and  personal,  belonging  to  said  city,  and 
shall  have  full  power  and  authority,  for  and  within  said 
city  to  make,  establish,  publish,  alter,  modify,  amend,  and 
repeal  by-laws,  ordinances,  rules  and  regulations,  for  the 
following  purposes  and  on  the  following  subjects,  to-wit : 
“ Fortieth . To  take  stock  in  any  chartered  company 
for  making  roads  to  said  city,  or  for  watering  said  city, 
and  in  any  company  authorized  or  empowered  by  the 
Board  of  Commissioners  of  Vanderburgh  County  to 
build  a bridge  on  any  road  leading  to  said  city  ; and  to 
establish,  maintain,  and  regulate  ferries  across  the  Ohio 
River  from  the  public  wharves  of  said  city : Provided , 
That  no  stock  shall  be  subscribed  or  taken  by  the  Com- 
mon Council  in  any  such  company  unless  it  be  on  the 
petition  of  two-thirds  of  the  residents  of  said  city,  who 
are  freeholders  of  the  city,  distinctly  setting  forth  the 
company  in  which  stock  is  to  be  taken,  and  the  number 
and  amount  of  shares  to  be  subscribed:  And  provided 

*Amended.  See  act  of  March  II,  1867.— post. 
fFor  section  30  entire,  see  ante. 


Section 

recited. 


90 


CHARTER  OF  THE 


also , That  in  all  cases  where  such  stock  is  taken,  the 
Common  Council  shall  have  power  to  borrow  money 
and  levy  and  collect  a tax  on  all  real  estate  (either  in- 
clusive or  exclusive  of  improvements,  at  their  discretion) 
for  the  payment  of  said  stock.” 

And  whereas,  It  is  deemed  expedient  to  amend  the 
fortieth  clause  of  said  section  thirty,  therefore, 

Be  it  enacted  by  the  General  Assembly  of  the  State  of 
Indiana , That  the  said  fortieth  clause  of  section  thirty 
of  said  act  be  amended  so  as  to  read  as  follows  : 


How 

amended. 


Common 
Council 
may  con- 
struct wa- 
ter-works. 


May  take 
stock  in 
company 
to  make 
road. 


Or  in  com- 
pany to 
purchase 
lands  for 
cemeteries 
parks,  wa- 
ter works, 
etc. 


Proviso. 


Fortieth.  The  Common  Council  of  the  city  of  Evans- 
ville shall  have  power  to  construct  or  provide  for  the 
construction  of  works  for  furnishing  said  city  and  its 
inhabitants  with  water,  and  to  furnish  water  for  public 
and  private  use  in  said  city,  or  cause  the  same  to  be 
furnished ; and  to  take  stock  in  any  chartered  company 
organized  under  the  laws  of  the  State,  for  the  purpose 
of  constructing  such  works  and  furnishing  water  as 
aforesaid,  or  for  the  purpose  of  making  a road  of  any 
kind  to  said  city,  or  for  the  purpose  of  building  a bridge 
on  any  road  leading  to  said  city;  and  to  purchase,  hold 
and  regulate  the  use  of  lands  within  or  without  the 
limits  of  the  city  for  cemeteries,  public  parks,  or  grounds 
for  the  amusement  and  recreation  of  the  people,  and  for 
water  works,  and  to  lease,  sell  and  convey  the  same  at 
their  discretion  : Provided , That  no  stock  in  any  such 

company  shall  be  taken  unless  the  Common  Council  be 
requested  in  writing  to  take  the  same  by  two-thirds  of 
the  residents  of  said  city  who  own  real  estate  wthin 
said  city,  or  unless  a majority  of  the  qualified  voters  of 
.said  city,  who  shall  have  paid  a city  tax  within  twelve 
months  next  before  voting,  shall  vote  in  favor  of  taking 
such  stock,  at  an  election  held  for  the  purpose  of  voting 
on  that  subject  exclusively,  in  pursuance  of  an  order  of 
the  Common  Council  fixing  the  time  and  place  of  hold- 
ing such  election,  and  the  manner  of  conducting  the 
same,  and  the  notice  to  be  given  thereof ; and  whether 


CITY  OF  EVANSVILLE. 


91 


a majority  of  such  qualified  voters  are  in  favor  of  taking 
such  stock  or  not,  shall  be  determined  by  the  legal  votes 
actually  cast  at  such  election  : Provided , further , That  Proviso, 

in  all  cases  where  stock  shall  be  taken  as  above  pro- 
vided, the  Common  Council  shall  have  power  to  borrow 
money,  issue  bonds  and  levy  and  collect  taxes  in  addi- 
tion to  the  ordinary  revenue,  to  pay  for  such  stock. 

All  taxes  so  levied  shall  be  ad  valorem,  and  taxes  levied 
to  pay  for  stock  subscribed  for,  in  pursuance  of  the 
written  request  of  two-thirds  of  the  residents  owning 
real  estate,  as  above  provided,  shall  be  levied  upon  real 
estate  only ; but  taxes  levied  to  pay  for  stock  taken  in 
pursuance  of  an  election  held  as  above  provided,  shall  be 
levied  upon  all  the  real  and  personal  estate  subject  to 
taxation  in  said  city,  for  city  purposes,  and  all  such 
taxes  shall  be  levied  and  collected  with  and  as  a part  of 
the  taxes  regularly  and  annually  assessed  and  collected 
for  city  purposes,  and  subject  to  the  same  laws  and 
regulations;  and  the  Common  Council  aforesaid  shall 
have  power  to  establish,  maintain  and  regulate  ferries 
across  the  Ohio  river  from  the  public  wharves  of  said 
city. 

Sec.  2.  That  Section  2 of  said  act,  which  reads  as  fol-  e , . 
lows,  viz  : “ From  and  after  the  first  Monday  in  April, recited- 
A.  D.  1847,  the  people  residing  in  the  territory  mentioned 
in  the  first  section  of  this  act  shall  become  and  be  a 
body  politic  and  corporate,  by  the  name,  style  and  title 
of  the  City  of  Evansville,  and  in  and  by  such  name  shall 
be  able  and  capable  in  law  and  in  equity  to  contract  and 
be  contracted  with,  sue  and  be  sued,  complain  and  de- 
fend in  any  court  of  competent  jurisdiction  ; they  shall 
have  power  to  make,  have  and  use  a common  seal,  and 
the  same  to  alter,  destroy  and  renew  at  pleasure ; to 
take,  purchase,  hold  and  convey  such  real  and  personal 
estate  as  the  purposes  of  the  corporation  may  require  ; 
to  survey,  make  and  establish  the  boundaries  of  said  city 
and  all  future  enlargements  of  the  same ; to  ordain,  es- 
tablish, enforce  and  putin  execution  such  rules,  by-laws, 

% 

• A ■ 


92 


CHARTER  OF  THE 


Meaning 

declared. 


Emergen- 

cy, 


orf  .s  and  regulations  as  shall  be  deemed  proper 
l essary  for  the  good  government  of  said  city,  and 

t’  ell-being  of  the  inhabitants  thereof,  and  generally 
t do  all  other  acts  and  things  which  the  good  of  the 
inhabitants  of  said  city  may  require,  not  inconsistent 
with  the  constitution  of  the  United  States,  or  the  con- 
stitution and  laws  of  this  State,  and  consistent  with  the 
object  of  the  corporation,”  is  hereby  declared  to  include 
and  have  included  the  power  to  provide  and  furnish  said 
city  and  the  inhabitants  thereof  with  gas  lights,  either 
by  erecting  gas  works  or  by  making  a contract  or  con- 
tracts with  any  person  or  persons,  or  company  or  com- 
panies, for  the  furnishing  of  said  city  and  the  inhabitants 
thereof  with  gas  lights,  on  such  reasonable  terms  as  may 
be  or  may  have  been  agreed  upon  between  said  city  and 
such  person  or  persons;  and  no  contract  heretofore 
made  by  the  corporate  authorities  of  said  city  with  any 
person  or  persons,  firm  or  corporation,  providing  for  the 
furnishing  said  city  and  the  inhabitants  thereof  with  gas 
lights,  shall  be  construed  or  held  to.be  invalid  on  the 
ground  of  a want  of  power  on  the  part  of  said  city  to 
make  the  same  ; but  all  such  contracts  heretofore  made 
by  said  city  for  that  purpose,  which  do  not  grant  to  the 
person  or  persons,  firm,  company  or  corporation  with 
whom  made,  the  exclusive  privilege,  for  more  than  fifty 
years  from  the  date  thereof,  of  laying  pipes  for  con- 
ducting gas  under  the  streets,  lanes,  alleys,  public 
grounds  and  thoroughfares  of  said  city,  are,  so  far  as 
concerns  the  power  of  said  citj  to  make  the  same,  legal- 
ized, and  shall  be  deemed  as  valid  as  if  made  after  the 
passage  of  this  act. 

Sec.  3.  An  emergency  is  hereby  declared  for  the  im- 
mediate taking  effect  of  this  act,  and  the  same  shall 
therefore  be  in  force  from  and  after  its  passage. 


CITY  OF  EVANSVILLE. 


93 


AN  ACT  to  amend  the  first  section  of  an  act  entitled  “ An  Act  to  amend  the 
fortieth  clause  of  section  thirty  of  ‘ An  act  granting  to  the  citizens  of  the  town 
of  Evansville,  in  the  county  of  Vanderburgh,  a city  charter,’  approved 
January  27th,  A.  D.  1847,  and  declaratory  of  the  meaning  of  the  second  sec- 
tion of  the  same  act,”  approved  December  21st,  1865,  so  as  to  authorize  the 
Common  Council  of  said  city  of  Evansville  to  subscribe  for  and  take  stock 
in  the  Evansville,  Hender’son  and  Nashville  Railroad  Company,  or  any 
other  company  or  corporation  organized  under  and  by  virtue  of  the  laws 
of  the  Commonwealth  of  Kentucky  for  the  purpose-  of  constructing  a 
railroad  leading  from  Nashville,  in  the  State  of  Tennessee,  to  a point  on 
the  Ohio  River,  at  or  near  Evansville,  Indiana. 

[Approved  March  11,  1867.] 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana,  That  the  first  section  of  said  act, 
which  reads  as  follows,  viz.: 

“ Sec.  1.  Fortieth.  The  Common  Council  of  the  city  ofsecuon  i, 
Evansville  shall  have  power  to  construct,  or  provide  for 
the  construction  of,  works  for  furnishing  said  city  and 
its  inhabitants  with  water,  and  to  furnish  water  for  pub- 
lic and  private  use  in  said  city,  or  cause  the  same  to  be 
furnished  ; and  to  take  stock  in  any  chartered  com- 
pany  organized  under  the  laws  of  this  State,  for  the 
purpose  of  constructing  such  works,  and  furnishing 
water,  as  aforesaid,  or  for  the  purpose  of  making  a road 
of  any  kind  to  said  city  ; and  to  purchase,  hold  and 
regulate  the  use  of  lands  within  or  without  the  limits 
of  the  city,  for  cemeteries,  public  parks,  or  grounds  for 
the  amusement  and  recreation  of  the  people,  and  for 
water-works,  and  to  lease,  sell  and  convey  the  same  at 
their  discretion ; Provided , That  no  stock  in  any  such 
company  shall  be  taken,  unless  the  Common  Council  be 
requested,  in  writing,  to  take  the  same,  by  two-thirds 
of  the  residents  of  said  city,  who  own  real  estate  within 
said  city,  or  unless  a majority  of  the  qualified  voters  of 
said  city,  who  shall  have  paid  a city  tax  within  twelve 
months  next  before  voting,  shall  vote  in  favor  of  taking 
such  stock,  at  an  election  held  for  the  purpose  of  voting 
on  that  subject,  exclusively,  in  pursuance  of  an  order  of 
the  Common  Council,  fixing  the  time  and  place  of 
holding  such  election,  and  the  manner  of  conducting 
the  same,  and  the  notice  to  be  given  thereof ; and 


94 


CHARTER  OF  THE 


Section  1, 
as  amen- 
ded. 


Power  of 
the  Com- 
mon 
Council. 


whether  a majority  of  such  qualified  voters  are  in  favor 
of  taking  such  stock  or  not,  shall  be  determined  by  the 
legal  votes  actually  cast  at  such  election;  Provided , 
further , That  in  all  cases  where  stock  shall  be  taken  as 
above  provided,  the  Common  Council  shall  have  power 
to  borrow  money,  issue  bonds,  and  levy  and  collect 
taxes,  in  addition  to  the  ordinary  revenue,  to  pay  for 
such  stock.  All  taxes  so  levied,  shall  be  ad  valorem , 
and  taxes  levied  to  pay  for  stock  subscribed  for,  in  pur- 
suance of  the  written  request  of  two-thirds  of  the  resi- 
dents owning  real  estate,  as  above  provided,  shall  be 
levied  on  real  estate  only;  but  taxes  levied  to  pay  for 
stock  taken  in  pursuance  of  an  election,  held  as  above 
provided,  shall  be  levied  upon  all  the  real  and  personal 
estate,  subject  to  taxation,  in  said  city,  for  city  pur- 
poses, and  all  such  taxes  shall  be  levied  and  collected 
with  and  as  a part  of  the  taxes  regularly  and  annually 
assessed  and  collected  for  city  purposes,  and  subject  to 
the  same  laws  and  regulations  ; and  the  Common  Coun- 
cil aforesaid  shall  have  powder  to  establish,  maintain, 
and  regulate  ferries  across  the  Ohio  River,  from  the 
public  wharves  of  said  city',”  be  and  the  same  is  here- 
by amended  to  read  as  follows,  viz.: 

[Sec.  1.]  Fortieth.  The  Common  Council  of  the  city 
of  Evansville  shall  have  power  to  construct,  or  provide 
for  the  construction  of,  works  for  furnishing  said  city 
and  its  inhabitants  with  water,  and  to  furnish  water 
for  public  and  private  use  in  said  city,  or  cause  the 
same  to  be  furnished,  and  to  take  stock  in  any  char- 
tered company  organized  under  the  laws  of  this  State, 
for  the  purpose  of  constructing  such  works,  and  fur- 
nishing water  as  aforesaid : or  for  the  purpose  of  mak- 
ing a road  of  any  kind  leading  to  said  city,  or  for  the 
purpose  of  building  a bridge  on  any  road  leading  to 
said  city,  and  to  subscribe  and  take  stock  in  the. Evans- 
ville, Henderson  and  Nashville  Railroad  Company,  a 
corporation  created  by  the  Legislature  of  the  Com- 


CITY  OF  EVANSVILLE. 


95 


mon weal tli  of  Kentucky,  or  any  other  company  or  cor- 
poration, organized  under  and  by  virtue  of  the  laws  of 
said  Commonwealth  of  Kentucky,  for  the  purpose  of 
constructing  a railroad  from  Kasbville,  in  the  State  of 
Tennessee,  to  a point  on  the  Ohio  River,  at  or  near 
Evansville,  Indiana;  and  to  purchase,  hold  and  regu- 
late the  use  of  lands  within  or  without  the  limits  of  the 
city,  for  cemeteries,  public  parks,  or  grounds  for  the 
amusement  and  recreation  of  the  people,  and  for  water- 
works, and  to  lease,  sell  and  convey  the  same  at  their 
discretion ; Provided , That  no  stock  in  any  such  com- 
pany shall  be  taken,  unless  the  Common  Council  be  re- 
quested, in  writing,  to  take  the  same,  by  two-thirds  of 
the  residents  of  said  city,  who  own  real  estate  within 
said  city,  or  unless  a majority  of  the  qualified  voters  of 
said  city  attending  and  voting,  who  shall  have  paid  a 
city  tax  within  twelve  months  next  before  voting,  shall 
vote  in  favor  of  taking  such  stock,  at  an  election  held 
for  the  purpose  of  voting  on  that  subject,  exclusively, 
in  pursuance  of  an  order  of  the  Common  Council,  fix- 
ing the  time  and  place*  or  places,  of  holding  such  elec- 
tion, and  the  manner  of  conducting  the  same,  and  the 
notice  to  be  given  thereof;  Provided , further , That  in 
all  cases  where  stock  shall  be  taken,  as  above  provided, 
the  Common  Council  shall  have  power  to  borrow 
money,  issue  bonds,  and  levy  and  collect  taxes  in  addi- 
tion to  the  ordinary  revenue,  to  pay  for  such  stock,  or 
for  the  interest  accruing  on  such  borrowed  money,  or 
bonds,  or  to  provide  a sinking  fund  for  the  payment  of 
such  bonds  when  they  shall  be  due.  All  taxes  so  levied 
shall  be  ad  valorem , and  taxes  levied  to  pay  for  stock 
subscribed  for,  in  pursuance  of  the  written  request  of 
two-thirds  of  the  residents  owning  real  estate  only ; but 
taxes  levied  to  pay  for  stock  subscribed  for,  in  pursu- 
ance of  an  election  held,  as  above  provided,  shall  be 
levied  upon  all  the  real  and  personal  estate  subject  to 

taxation,  in  said  city,  for  city  purposes,  and  all  such 
taxes  shall  be  levied  and  collected  with,  and  as  a part 


96 


CHARTER  OF  THE 


Emergen- 

cy, 


-Section  <j 
recited. 


Section  0, 
ns  amen- 
ded. 


Elections, 
time  of. 


of  the  taxes  regularly  and  annually  assessed  and  col- 
lected for  city  purposes,  and  subject  to  the  same  laws 
and  regulations;  and  the  Common  Council  aforesaid 
shall  have  power  to  establish,  maintain  and  regulate 
ferries  across  the  Ohio  River,  from  the  public  wharves 
of  said  city. 

Sec.  2.  An  emergency  is  hereby  declared  for  the  im- 
mediate taking  effect  of  this  act,  and  the  same  shall 
therefore  be  in  full  force  from  and  after  its  passage. 


AN, ACT  to  revive  and  amend  the  sixth  section  of  an  act  entitled  “ An  act 
granting  to  the  citizens  of  the  town  of  Evansville,  in  the  county  of  Van- 
derburgh, a city  charter,”  approved  January  27tli,  1847. 

[Approved  March  11,  1867.] 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana , That  the  sixth  section  of  an  act  enti- 
tled “An  act  granting  to  the  citizens  of  the  town  of 
Evansville,  in  the  county  of  Vanderburgh,  a city  char- 
ter,” approved  January  27,  1847*  which  section  reads  as 
follows,  viz.: 

“Sec.  6.  All  elections  shall  be  by  ballot,  and  all  elec- 
tions (except  to  fill  vacancies)  shall  be  held  on  the  first 
Monday  in  April  annually.  A poll  shall  be  opened  in 
each  ward  for  the  reception  of  votes,  and  every  free 
white  male  citizen  of  the  age  of  twenty-one  years,  who 
has  resided  in  this  State  one  year,  and  in  said  city  six 
months,  and  the  ward  in  which  he  offers'  his  vote  one 
month  next  preceding  such  election,  shall  be  entitled  to 
a vote  in  the  ward  in  which  he  resides,  and  not  in  any 
other  ward,”  be  and  the  same  is  hereby  revised  and 
amended  to  read  as  follows  : 

Sec.  6.  All  elections  shall  be  by  ballot,  and  (except  to 
fill  vacancies)  shall  be  held  on  the  first  Monday  in 
April,  annually,  at  such  place  in  each  ward  or  election 
precinct,  as  the  Common  Council  shall  designate,  of 
which  place  at  least  fourteen  days  notice  shall  be  given 


CITY  OF  EVANSVILLE. 


97 


by  advertisement  in  some  newspaper  printed  and  pub- Notice  of 

/ . place  shall 

lished  in  said  city,  and  every  person  entitled  to  vote  at  be  given 
State  and  county  elections,  under  the  Constitution  and 
laws  of  this  State,  and  who  shall  have  resided  within  who  enti_ 
the  limits  of  this  city,  six  months  next  preceding  such  atesu?h°te 
election,  and  shall  have  paid  all  taxes  of  every  descrip-  electlons- 
tion  due  from  him  to  said  city,  and  none  others,  shall 
be  entitled  to  vote  (except  as  hereinafter  provided),  and 
the  receipt  of  the  Collector  of  the  Revenues  of  said 
city,  for  all  taxes  due  as  aforesaid,  or  the  Collector’s 
certificate  that  no  tax  stands  charged  against  him,  shall 
be  received  by  the  judges  of  any  election,  as  proof  that 
all  taxes  against  the  party  applying  to  vote  have  been 
paid,  and  in  the  absence,  or  for  wmnt  of  such  receipt  or 
certificate,  the  person  applying  to  vote  shall  be  required 
to  swear  or  affirm,  positively,  that  all  such  taxes  have 
been  fully  paid  by  him,  or  that  he  has  applied  to  the 
Collector  and  was  assured  by  him  that  there  were  no 
taxes  charged  against  him  on  the  duplicate,  and  for  the 
purpose  of  enabling  the  officers  of  such  election  faith- 
fully to  discharge  their  duties,  and  to  guard  against  Inspector 
imposition,  the  Inspector  of  such  election  shall  admin- ^ae^e^1.on 
ister  an  oath  or  affirmation  to  any  person  who  may  offer 
to  vote  at  such  election  without  exhibiting  such  receipt  fering  to 
or  certificate  as  aforesaid,  and  interrogate  him,  uuder  uaerro^ 
oath,  touching  the  payment  of  such  taxes,  and  also  Sc? him’ 
touching  all  his  other  qualifications,  and  any  person  Persons^ 
testifying  falsely  upon  such  examination  respecting  his  ^lseiy  to 
aforesaid  qualifications,  shall  be  guilty  of  perjury,  and^and^ 
shall  be  liable  to  be  indicted,  convicted  and  punished  *°rperju" 
therefor,  under  the  general  laws  of  the  State  of  In- 
diana for  the  punishment  of  the  crime  of  perjury.  The  inspector 
Inspector  of  any  election  may,  also,  require  any  and'^J/any 
every  person,  of  whose  legal  right  to  vote  the  Judges  of  fer^to1- 
such  election  may  have  doubts,  to  answer,  under  oath,  swerquel- 

-m  . *i  . . . tions  un- 

all  questions  touching  his  qualifications  to  vote  at  such  der  oath, 
election ; and  any  person  answering  such  questions 
falsely,  shall  be  guilty  of  perjury,  and,  upon  conviction 


98 


CHARTER  OF  THE 


Persons  thereof,  shall  be  punished  under  the  laws  of  the  State 

answering  A 

falsely un-  °f  Indiana  for  the  punishment  of  the  crime  of  perjury  ; 
guilty °of6  however,  That  no  person  otherwise  qualified  to 

anS pun-  vote  unc^er  the  provisions  of  this  section,  shall  he  pre- 
ished.  vented  from  voting  on  the  ground  of  having  failed  to 
Jontrover- Pay  his  taxes,  where  their  i3  a bona  fide  controversy 
taxes.to  between  him  and  the  city  pending  in  any  court  of  com- 
petent jurisdiction,  as  to  the  amount  or  legality  of  such 
taxes,  or  any  part  thereof. 


^ - 'JJLm 


. 


1 


\ 


AN  ACT 


Repealing  all  general  laws  now  in  force  for  the  incorporation  of  cities,  pro- 
viding for  the  incorporation  of  cities,  prescribing  their  powers,  rights  and 
duties,  and  the  manner  in  which  they  shall  exercise  the  same,  and  regula- 
ting other  matters  properly  connected  therewith,  and  repealing  certain 
acts  therein  specified. 

[Approved  December  20,  I860.] 

(See  Acts  of  1865,  Special  Session,  page  39.) 

Section  95.  Nothing  in  the  act  approved  March  9th, 
1857,  entitled  “An  act  to  repeal  all  general  laws  now 
in  force  for  the  incorporation  of  cities,  and  to  provide 
for  the  incorporation  of  cities,  prescribe  their  powers 
and  rights,  and  the  manner  in  which  they  shall  exercise 
the  same,  and  to  regulate  such  other  matters  as  properly 
pertain  thereto,”  shall  be  deemed  or  construed  to  have 
repealed  an  act  entitled  “ An  act  to  enable  the  Common 
Council  of  the  several  incorporated  cities  of  this  State 
to  prescribe,  by  ordinance,  the  time  within  which  the 
annual  assessments  for  city  purposes  shall  be  made, 
and  the  roll  thereof  returned,  and  the  time  within 
which  the  city  tax  roll  or  duplicate  shall  be  made  and 
delivered  to  the  collecting  officers ; and  also  the  time 
within  which  such  collecting  officers  shall  make  their 
collections  and  returns,”  approved  March  7th,  1857,  so 
far  as  the  provisions  of  said  act  relate  to  cities  opera- 
ting under  special  acts  ot  incorporation,  nor  shall  any 
thing  in  this  act  be  construed  to  repeal  said  act  of 
March  7th,  1857,  so  far  as  it  applies  to  cities  operating 
under  such  special  charters. 


A List  of  the  Several  Enlargements  which  Constitute  the  City  of 
Evansville,  Showing  the  time  when  each  of  said  En- 
largements became  a part  of  said  City, 


1.  Original  Plan,  Donation  Enlargement,  Lower  or 
McGary’s  Enlargement,  Upper  Enlargement  and  Eastern 
Enlargement,  incorporated  as  the  City  of  Evansville, 
1847. 

2.  Baker’s  Addition,  annexed  1854, 

3.  Lamasco,  including  Fourth  Enlargement,  Stock- 
well’s  Enlargement,  Greek’s  Enlargement,  Sharpe’s  En- 
largement, Northern  Enlargement,  Carpenter  Place, 
Battelle  Place  and  Huston’s  Addition,  annexed  1857. 

4.  Crescent  Enlargement,  annexed  1857. 

5.  Union,  Ashland  and  Avon  Places,  annexed  1865. 

6.  Seminary  Enlargement,  annexed  1865. 

7.  Orr  and  Harrison’s  Enlargement,  annexed  1865. 

8.  Lilleston’s  Enlargement,  annexed  1865. 

9.  Garvin’s  Addition,  annexed  1865. 

11.  Lilleston  & Lockhart’s  Enlargement,  annexed 
1865. 

12.  Holzgrafe’s  Enlargement,  annexed  1865. 

13.  Isabella  Place,  annexed  1865. 

14.  Southern  Enlargement,  annexed  1865. 

15.  Lilleston  and  Larahee’s  Enlargement,  annexed 
1865. 

16.  Mclnnerney’s  Enlargement,  annexed  1865. 

17.  Elliott’s  Addition,  annexed  1865. 

18.  H.  Brinkmeyer’s  Enlargement,  annexed  1865. 


102 


APPENDIX  A. 


19.  F.  W.  Brinkmeyer’s  Enlargement,  annexed  1865. 

20.  Bray’s  Enlargement,  annexed  1865. 

21.  Carpenter  Field  Enlargement,  annexed  1865. 

22.  Bull’s  Head  Enlargement,  annexed  1865. 

23.  Hubbard’s  Addition,  annexed  1865. 

24.  Main  Street  Enlargement,  annexed  1865. 

25.  Hortbeastern  Enlargement,  annexed  1865. 

- 26.  Dixon’s  Addition,  annexed  1865. 

27.  Goodsell’s  Enlargement,  annexed  1866. 

’28.  Southeast  quarter  section  19,  township  6,  south 
of  range  10,  west ; known  as  Brinkmeyer’s  Enlarge- 
ment, annexed  1866. 

29.  All  that  part  of  fractional  section  Ho.  31,  town- 
ship 6,  south  of  range  10,  west;  known  as  Union  Place, 
annexed  1866. 

30.  All  that  part  of  southwest  quarter  of  section  No. 
29,  township  6,  south  of  range  10,  west,  (Blackford’s 
Grove) ; also,  all  that  part  of  territory  situated  east  of 
Eighth  street  and  southwest  of  Tenth  street,  (Ingle’s 
Addition),  annexed  1866. 

31.  All  that  part  of  the  southeast  quarter  of  section 
19,  township  6,  south  of  range  10,  west,  (Archer’s  Ad- 
dition), annexed  1866. 

32.  The  southwest  quarter  of  section  No.  20,  town- 
ship 6,  south  of  range  10,  west,  (Goodsell’s  Enlarge- 
ment), annexed  1866. 

33.  German  Building  Association  Tract,  annexed 
1868. 

34.  Ileinlein’s  First  Addition,  situate  between  Eleventh 
and  Fourteenth  streets,  annexed  1868. 

35.  All  that  part  of  Decker’s  First  Addition  which  is 
situate  between  Eleventh  and  Thirteenth  streets,  an- 
nexed 1868. 

36.  All  that  part  of  Bockwell’s  Addition  which  is 
situated  between  Eleventh  and  Thirteenth  streets,  an- 
nexed 1868. 

37.  All  that  part  of  Jacobsville  which  is  situated 


APPENDIX  A. 


103 


between  Eleventh  and  Fourteenth  streets,  annexed 
1868. 

39.  All  that  part  of  the  southeast  quarter  of  section 
19,  township  6,  south  of  range  10,  west;  known  as  the 
Longworth  Tract,  annexed  1868. 

40.  All  that  part  of  Heinlein’s  Addition  which  is  sit- 
uated north  of  Third  street,  and  extending  to  the  north 
side  of  Nineteenth  street,  annexed  1870. 

41.  All  that  part  of  Morgan’s  Addition,  (by  which 
name  it  is  known),  annexed  1870. 

42.  All  that  part  of  Lamasco  east  of  Pigeon  creek  ; 
also,  all  that  part  of  Lamasco  west  of  Pigeon  creek 
called  Independence,  annexed  1870. 

43.  All  that  part  of  the  town  of  Springdale,  annexed 
1870. 

44.  All  that  part  of  the  German  Building  Association 
extending  from  Thirteenth  street  to  Nineteenth  street, 
annexed  1870. 

45.  That  tract  of  land  known  as  Parrett’s  Enlarge- 
ment of  Goodsellville,  situated  on  that  part  of  section 
32,  township  6,  south  of  range  10,  west,  annexed  1870. 

46.  That  tract  of  land  known  as  Ewing’s  Addition, 
situated  on  the  east  side  of  section  31,  township  6, 
south  of  range  10,  west,  annexed  1870. 

47.  That  part  of  addition  known  as  Garvin  & 
Brower’s  Addition,  annexed  1870. 

48.  Shanklin’s  Addition,  annexed  1870. 

49.  Part  of  Jaeobsville,  annexed  1870. 

50.  Mill’s  Addition,  annexed  1870. 

51.  Independence,  annexed  1870. 


ACTS  OF  THE  GENERAL  ASSEMBLY  OF  THE 
STATE  OF  INDIANA  RELATING  TO 
INCORPORATED  CITIES. 


CITY  PRISONS. 

AN  ACT  to  authorize  incorporated  towns  and  cities  to  erect  prisons,  and  to 
aUthoiize  the  imprisonment  therein  of  persons  convicted  of  offences 
against  the  laws  of  such  incorporation,  or  of  offences  against  the  penal 
laws  of  this  State,  and,  also,  persons  charged  with  offences  punishable  by 
indictment  Or  presentment,  temporarily,  and  to  provide  for  the  use  of 
county  jails  by  such  incorporation  in  certain  cases. 

[Approved  June  1,  1861.] 

(See  Acts  of  Special  Session  of  1861,  page  21.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana , That  any  incorporated  town  or  city 
shall  have  power  to  erect  a prison  within  the  limits  of 
such  town  or  city;  and  it  shall  be  lawful  to  imprison 
therein  persons  convicted  of  offences  against  the  laws 
of  such  incorporation,  or  for  offences  against  the  penal 
laws  of  this  State,  and,  also,  persons  charged  with 
offences  punishable  by  indictment  or  presentment,  tem- 
porarily, until  they  can  be  conveniently  removed  to  the 
county  jail.  So  far  as  the  same  shall  be  applicable,  the 
law  governing  county  jails  shall  be  the  law  of  such 
town  or  city  prison;  and  in  all  cases  where  the  county 
jails  are  convenient,  they  may  be  used  for  town  pur- 
poses until  a town  or  city  prison  shall  be  erected. 


street  railroads. 


AN  ACT  to  provide  for  the  incorporation  of  street  railroad  companies. 

[Approved  June  4,  1861.] 

(See  Acts  of  Special  Session  of  1861,  page  75,) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Indiana , That  any  number  of  persons,  not  less 

14 


106 


ACTS  OF  THE 


Five  per- 
sons may 
form  com- 
pany. 


Directors 
to  be 
elected. 


Subscrib- 
ers to  arti- 
cles of  as- 
sociation 
to  form 
body  poli- 
tic. 


Corpora- 
tion may 
bold  and 
convey 
property. 


Evidence 
of  incor- 
poration. 


than  five,  being  subscribers  to  the  stock  of  any  contem  - 
plated street  or  horse  railroad  company,  may  be  formed 
into  a corporation  for  the  purpose  of  constructing, 
owning,  and  maintaining  street  or  horse  railroads, 
switches  or  side-tracks  upon  and  through  the  streets  of 
the  cities  and  towns  within  the  State,  by  complying 
with  the  following  requirements:  Whenever  stock  to 
the  amount  of  at  least  ten  thousand  dollars  shall  have 
been  subscribed,  the  subscribers  to  such  stock  shall 
elect  directors  for  such  company  from  their  own  num- 
ber, and  shall  severally  subscribe  articles  of  association, 
in  which  shall  be  set  forth  the  name  of  the  corporation, 
the  amount  of  capital  stock  of  the  company,  the  num- 
ber of  shares  of  which  said  stock  shall  consist,  the 
number  of  directors  and  their  names  to  manage  the 
affairs  of  the  company,  and  the  city  or  town  in  which 
it  is  proposed  to  construct  such  road. 

Sec.  2.  The  articles  of  association  formed  in  pursu- 
ance of  the  provisions  of  the  preceding  section,  and 
thereupon  the  persons  who  have  subscribed  the  same, 
and  all  persons  who  shall  become  stockholders  in  said 
company,  and  their  successors,  shall  be  a body  politic 
and  corporate,  in  perpetuity,  by  the  name  stated  in  the 
articles  of  association,  and  shall  be  capable  of  suing  and 
being  sued,  and  may  have  a common  seal,  the  same  to 
alter  at  pleasure. 

Sec.  3.  The  said  company  shall  be  capable  of  pur- 
chasing, holding  and  conveying  any  real  or  personal 
property  whatever  necessary  for  the  construction  and 
equipment  of  the  road,  switches  and  side-tracks,  and 
for  the  erection  of  all  necessary  buildings  and  yards, 
and  may  buy,  own  and  sell  any  kind  of  property  that 
may  be  necessary  to  properly  conduct  or  carry  on  the 
business  of  such  road. 

Sec.  4.  A copy  of  any  articles  of  association  filed  in 
pursuance  of  this  act,  and  certified  to  be  a correct  copy 
by  the  Secretary  of  State,  or  his  deputy,  shall  in  all 


GENERAL  ASSEMBLY. 


107 


courts  or  places  be  evidence  of  the  incorporation  of 
such  company,  and  of  the  facts  therein  stated. 

Sec.  5.  Such  company  may  construct  their  track,  ^ons  as  to 
switches,  side-tracks  or  turn-outs  upon  the  streets  of  {Jacks,  &c. 
said  cities  or  towns  under  the  following  conditions  and 
restrictions  : The  said  track  shall  be  constructed  upon 

the  center  or  side  of  said  streets,  and  shall  conform 
exactly  to  the  established  grade  of  such  street.  The 
free  passage  of  the  streets  of  such  city  or  town,  occu- 
pied or  used  by  said  company,  shall  be  impeded  or  ob- 
structed by  such  company  only  to  the  extent  necessary 
for  the  purposes  for  which  said  company  was  organized  ; 
the  points  where  such  track  shall  intersect  and  cross 
the  streets  of  such  city  or  tuwn  shall  be  so  arranged  by 
said  company  as  to  render  the  crossing  as  passable  and 
in  as  good  condition  as  any  other  portion  of  the  street; 
the  track  shall  be  from  four  to  live  feet  in  width. 


Sec.  6.  Such  company  may  from  time  to  time  borrow  Maybor- 

rowmon- 

such  sums  ot  money  as  may  be  necessary  tor  completing  ey  and  is- 

**  nJ  x.  O t>GlldS 

or  operating  their  railroad,  and  may  issue  and  dispose 
of  their  bonds  for  any  amount  so  borrowed  for  such 
sums  and  for  such  rate  of  interest  as  is  allowed  bv  the 

%j 

laws  of  the  State  where  the  contract  is  made,  and 
mortgage  their  corporate  property  and  franchises  to 
secure  any  debt  contracted  by  such  company. 


Sec.  7.  The  said  subscribers  $to  the  stock  of  such  officers  to 

^0  elected 

contemplated  road  shall,  as  soon  as  the  number  named 
in  the  first  section  shall  have  signed  the  same,  proceed 
to  the  election  of  directors,  who  shall  serve  for  the 
term  of  one  year,  and  the  said  directors  shall  elect  the 
following  officers,  to-wit:  President,  Vice-President, 

Secretary  and  Treasurer,  whose  term  of  office  shall  be 
for  one  year  and  until  their  successors  are  elected  and 
qualified. 

Sec.  8.  There  shall  be  an  annual  meeting  of  the  stock-  Annual 

^ meeting 

holders  held  at  the  office  of  such  company,  for  theandeieo- 
election  of  directors  to  serve  for  the  ensuing  year  ; not 


108 


ACTS  OF  THE 


Directors 
may  adopt 
by-laws. 


Stock 

transfera- 

ble. 


Powers  of 
cities  not 
restricted 
by  this  act. 


Stock- 
holders in- 
dividually 
liable. 


less  than  three  nor  more  than  seven  directors  shall  be 
chosen  at  such  meeting  of  such  stockholders,  by  ballot, 
and  by  a majority  of  the  stockholders  present  in  person 
and  by  proxy,  and  every  such  stockholder  being  so 
present,  shall  be  entitled  to  give  one  vote  for  every 
share  of  stock  owned  by  him.  No  person  shall  be  a 
director  unless  he  shall  be  a stockholder,  owning  stock 
absolutely  in  his  own  right,  and  qualified  to  vote  for 
directors  at  the  election  at  which  he  shall  be  chosen. 

Sec.  9.  The  directors  of  such  company  shall  have 
power  to  make  by-laws  for  the  management  and  dispo- 
sition of  stock,  property  and  business  affairs  of  such 
company  not  inconsistent  with  the  laws  of  this  State, 
and  prescribing  the  duties  of  officers,  artificers  and  ser- 
vants that  may  be  employed,  and  for  the  appointment 
of  all  officers  for  the  carrying  on  all  business  within 
the  objects  and  purposes  of  such  company,  and  for 
regulating  the  running  time,  fare,  &c.,  of  said  road  or 
roads. 

Sec.  10.  The  stock  of  such  company  shall  be  trans- 
ferable in  the  manner  prescribed  by  the  by-laws  of  the 
company,  and  shall  be  considered  personal  property. 

Sec.  11.  This  act  may  be  amended  or  repealed  at  the 
discretion  of  the  Legislature. 

Sec.  12.  Nothing  in  this  act  contained  shall  be  so 
construed  as  to  take  away  from  the  common  councils 
of  incorporated  cities  the  exclusive  powers  now  exer- 
cised over  the  streets,  highways,  alleys  and  bridges 
within  the  corporate  limits  of  such  cities  ; and  all  street 
railroad  companies  which  may  be  organized  under  the 
provisions  of  this  act  shall  first  obtain  the  consent  of 
such  Common  Council  to  the  location,  survey  and  con- 
struction of  any  street  railroad  through  or  across  the 
public  streets  of  any  city  before  the  construction  of  the 
same  shall  be  commenced. 

Sec.  13.  The  stockholders  in  such  company  or  cor- 
poration shall  be  individually  responsible  to  an  amount 


GENERAL  ASSEMBLY. 


109 


over  and  above  their  stock  equal  to  their  respective 
shares  of  stock,  for  all  debts  or  liabilities  of  said  com- 
pany or  corporation. 


AN  ACT  authorizing  street  or  horse-car  railway  companies  to  use  State, 
county  or  township  roads,  or  other  public  highways,  for  their  railway 
track,  under  certain  conditions  and  regulations. 

[Approved  March  6,  1865.] 

(See  Acts  of  1865,  page  63.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the streetraii- 

^ ^ . way  naay 

State  of  Indiana,  That  any  street  or  horse-car  railway  be  ext  end - 

' **  ed beyond 

companv  organized  under  the  laws  of  the  State  of  In- limits  of 

1 •>  © __  __  town  or 

diana,  and  operating  such  road  within  any  of  the  incor- city- 
porated  towns  and  cities  of  the  State,  and  desiring  to 
extend  their  road  beyond  such  town  or  city  limits,  on 
any  State  or  county  road,  or  other  public  highway,  may 
do  so  after  procuring  the  consent  of  the  Board  of 
County  Commissioners  of  such  county. 

Sec.  2.  If  such  road  or  highway  is  graveled  or  in  tase  of 

° •'  ° improved 

planked,  and  being  tolled  by  a gravel  or  plank  road per- 
company,  such  street  or  horse-car  railway  company be  granted 
shall  also  be  required  to  procure  the  consent  of  such 
gravel  or  plank  road  company  to  run  their  road  over 
such  gravel  or  plank  road,  which  consent,  when  given, 
shall  not  be  revoked  by  such  gravel  or  plank  road 
company. 

Sec.  3.  Such  street  or  horse-car  railway  company, 
operating  such  road  outside  of  such  town  or  city  limits, 
shall  have  the  same  protection,  and  in  its  running  be 
governed  by  the  same  regulations  prescribed  for  it 
within  such  town  or  city. 

Sec.  4.  Such  street  or  horse-car  railway  company  Track  to 
shall,  in  all  cases  in  which  any  road  or  highway  shall  in  center 
be  used  by  them  for  the  purposes  expressed  in  this  act, 
locate  their  track  in  the  center  of  said  road  or  highway, 
as  near  as  may  be,  and  shall  complete  the  same  within 
a reasonable  time  from  commencing  the  same,  and  in 


no 


ACTS  OF  THE 


Emergen- 

cy. 


Company 
to  con- 
struct wa- 
ter works 
may  be 
formed. 


all  cases  they  shall  leave  the  road  or  highway  in  a9 
good  repair  as  the  same  was  found  by  them  at  the  com* 
mencement  of  the  building  of  the  railway. 

o %j 

Sec.  5.  Whereas,  an  emergency  exists  for  the  imme- 
diate taking  effect  of  this  act,  it  is  therefore  declared 
that  it  shall  take  effect  and  be  in  force  from  and  after 
its  passage. 


AN-ACT  to  allow  cities  and  towns  to  permit.the  location  of  railroads  on  the 
streets  and  alleys,  for  the  purpose  ol  conveying  coal  into  and  through  said 
cities  and  towns. 

[Approved  March  6,  1865.] 

(See  Acts  of  1865,  page  51.) 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the . 
State  of  Indiana , That  the  Trustees  of  any  town,  or  the 
Common  Council  of  any  city,  may  grant  to  any  person, 
or  corporation,  or  company,  the  right  and  privilege  to 
locate  and  run  a railroad  track  through  said  town  or 
city,  on  the  streets  or  alleys  thereof,  for  the  purpose  of 
convening  coal  into  or  through  said  town  or  city,  under 
.such  restrictions  and  regulations  as  the  Trustees  or 
Common  Council  may  require. 

Sec.  2.  And  whereas  an  emergency  exists  for  the  im- 
mediate taking  effect  of  this  act,  it  shall  he  in  full 
force  from  and  after  its  passage. 


WATER  WORKS. 


AN  ACT  to  authorize  the  formation  of  companies  for  the  construction  of 
water  works  in  and  for  incorporated  cities,  to  enable  such  cities  to  sub- 
scribe stock  in  such  companies,  and  to  issue  and  sell  bonds  for  the  pay- 
ment thereof. 

[Approved  March  6, 1865.] 

(See  Acts  of  1865,  page  103.) 

* 

Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 
• State  of  Indiana , That  whenever  the  City  Council  of 
any  incorporated  city  in  the  State  of  Indiana  shall  by 
resolution  declare  that  it  is  expedient  to  have  con- 


GENERAL  ASSEMBLY. 


Ill 


structed  works  for  the  purpose  of  supplying  such  city 
and  the  inhabitants  thereof  with  water,  but  that  it  is 
inexpedient  for  such  city,  under  the  powers  granted  in 
its  act  of  incorporation,  to  build  such  works,  it  shall  be 
lawful  for  the  inhabitants  of  any  such  city  and  others 
to  organize  a company  for  the  construction  of  such 
water  works. 

Sec.  2.  Any  number  of  persons  not  less  than  twelve,  company 
desirous  of  forming  a company  for  such  purpose,  shall  formed, 
make,  sign  and  acknowledge,  before  some  officer  au- 
thorized to  take  acknowledgments  of  deeds,  a certificate 
in  writing,  which  shall  state  the  corporate  name  adopted 
by  the  company,  the  amount  of  capital  stock,  the  * 
term  of  its  existence,  not,  however,  to  exceed  fifty 
years,  the  number  of  directors,  the  names  of  those  who 
shall  manage  the  affairs  of  the  company  for.  the  first 
year,  or  until  their  successors  are  elected  and  qualified, 
and  the  name  of.  the  city  in  and  for  which  such  works 
are  to  be  constructed  and  the  basin  ess  of  the  company 
.carried  on.  Such  certificate  shall  be  filed  in  the  office  certificate 

where  to 

of  the  Recorder  of  the  county  in  which  such  city  is  be  filed, 
situate,  ‘ and  shall  be  then  placed  upon  record,  and  a , 
duplicate  thereof  shall  be  filed  in  the  office  of  the 
Secretary  of  State. 


Sec.  3.  When  the  certificate  shall  have  been  filed  as  subset - 
aforesaid,  the  persons  who  shall  have  signed  and  ac-  a body 
knowledged  the  same,  and  their  successors,  shall  be  a 

_ T 

body  politic  and  corporate,  and  by  their  corporate  name 
may  take,  hold  and  convey  all  such  real  estate  as  shall  ^Ycon-d 


be  necessary  to  carry  on  the  operations  and  effect  the  estate*1 
objects  and  purposes  of  said  company,  and  it  shall  be 
lawful  for  such  company  to  enter  upon  any  lands  for 
the  purpose  of  examining  and  surveying  the  same,  for  propriate 
the  site  or  sites  of  water  works,  reservoirs  and  line  0f ltUlds* 
water  pipes  of  such  company,  and  to  take  and  appro- 
priate so  much  thereof  as  may  be  deemed  necessary  for 
the  same,  and  to  that  end  and  purpose  said  company 


112 


ACTS  OF  THE 


shall  be  entitled  to  the  writ  of  assessment  of  damages 
provided  by  law. 


oftUrect-  Sec.  ^he  business  of  said  company  shall  be  man- 
aged by  a board  of  not  less  than  nine  nor  more  than 
thirteen  directors,  who  shall  .be  stockholders  therein, 
and  a majority  of  whom  shall  be  residents  of  such  city, 
and  a majority  of  the  directors  chose#  shall  be  a quo- 
Eiectioaof  rum.  There  shall  be  an  election  of  directors  within 

officers.  ■ 

one  year  from  the  tiling  of  the  articles  of  association, 
and  annually  thereafter,  at  such  time  as  shall  be  fixed 
by  the  by-laws  of  such  company;  three  weeks  notice 
thereof  shall  be  given  by  publication  in  a newspaper  of 
general  circulation  in  such  city  ;»  the  stockholders  shall 
be  entitled  to  vote,  either  in  person  or  bjr  proxy. 


Sec.  5.  The  officers  of  such  company  shall  be  a presi- 
dent, who  shall  be  one  of  the  directors,  a secretary  and 
treasurer,  and  such  other  officers,  agents  and  servants  as 
the  board  of  directors  shall  deem  necessary  for  the 
transaction  of  the  business  of  the  company.  Such  offi- 
cers shall  be  electee!  annually  by  the  directors,  and  shall 
all  be  required  to  give  bond,  with  penalty  and  surety  to 
the  approval  of  said  board  of  directors,  conditioned  for 
the  faithful  discharge  of  their  respective  duties,  and 
shall  also  take  an  oath  of  office.  ' 


Sec.  6.  The  amount  of  the  capital  stock  shall  be  fixed 
by  the  company,  but  may  be  increased  by  a vote  of  the 

stockholders  at  any  annual  meeting,  and  such  capital 

♦ 

stock  be  divided  into  shares  of  not  more  than  one  hun- 
dred dollars  each. 


cit  v m-iy  Sec.  7.  Any  such  city  may  become  a stockholder  in 
u tee  stock.  any  such  company,  whenever  the  Common  Council 
shall  so  direct,  by  resolution  duly  entered  upon  their 
minutes.  Such  resolution  shall  specify  the- number  of 
shares  to  be  taken,  and  shall  require  the  Mayor  to 
carry  out  the  direction  by  subscribing  for  the  number 
of  shares  indicated  upon  the  books  of  the  company  y 
and  any  railroad  company  of  this  State  may  subscribe 


GENERAL  ASSEMBLY. 


113 


\ 


for  and  own  stock  in  such  company,  and  shall  he  enti- 
tled to  all  the  rights  and  privileges  of  other  stock- 
holders ; and  to  provide  for  the  payment  of  such  stock 
subscription,  it  shall  he  lawful  for  any  such  city  to  issue 
bonds,  payable  at  such  times  as  the  Common  Council 
shall  direct,  and  bearing  interest  at  any  rate  not  ex- 
ceeding seven  per  centum  per  annum,  and  to  negotiate 
the  same  upon  the  best  terms  they  can  obtain. 

Sec.  8.  When  any  such  company  shall  have  been  or- 
ganized under  the  provisions  of  this  act,  and  after  at 
least  one-half  of  the  capital  stock  authorized  by  its 
articles  of  association  shall  have  been  subscribed,  it 
shall  be  the  duty  of  the  Common  Council  of  the  city  in 
or  for  wThich  such  company  may  propose  to  erect  water 
works,  by  resolution  duly  passed  and  entered  upon  its 
minutes,  to  grant  to  such  company  such  right  to  the 
use  of  the  streets,  alleys,  wharves,  and  public  grounds 
of  such  city  as  shall  be  necessary  to  enable  such  com- 
pany to  construct  the  proper  works  for  the  supply  of 
water  for  the  use*  of  such  city  and  its  inhabitants  : 
Provided , That  the  Common  Council  of  such  city  may 
in  such  grant  impose  such  just  and  reasonable  terms, 
restrictions,  and  limitations  upon  such  company,  in 
reference  to  the  manner  in  which  such  streets,  alleys, 
wharves,  and  public  grounds  are  to  be  used,  and  in 
reference  to  the  charging  and  collecting  of  tells,  water- 
rents,  or  other  compensation  for  the  supply  of  water  to 
be  furnished  by  such  company  to  such  city  and  its  in- 
habitants, as  shall  be  necessary  to  guard  against  the 
improper  use  of  such  streets,  alleys,  wharves,  and  pub- 
lic grounds,  and  to  protect  said  city  and  its  inhabitants 
from  the  imposition  of  any  undue  or  excessive  rates  or 
charges  for  the  supply  of  -water;  but  no  restriction 
shall  be  imposed  by  said  Common  Council  which  will 
prevent  such  company  realizing  upon  its  capital  stock 
an  annual  income  or  dividend  of  ten  per  cent.,  after 
paying  the  cost  of  all  the  necessary  repairs  and  ex- 
penses. 


Oily  may 
take  stock. 


Council  to 
grant  the 
use  of 
streets,  &c. 
to  such 
company. 


Re- 

strictions. 


15 


114 


ACTS  OF  THE 


myeil)u!-  Sec.  That  from  and  after  tlie  expiration  of  twenty- 
pelify  and^ve  years  from  the  time  of  the  organization  of  any 
r?gi?£rofe  such  company,  the  Common  Council  of  the  city  in  or 
company.  for  vvhich  such  company'  may  have  erected  its  works 
shall  have  the  right  and  privilege  of  purchasing  from 
sudh  company  all  the  buildings, -fixtures,  apparatus,  and 
property  of  such  company,  with  all  its  corporate  rights 
and  privileges,  at  such  price  as  may  be  agreed  upon  be- 
' tween  the  Common  Council  of  such  city  and  the  Board 
of  Directors  of  such  company ; and  in  case  of  disagree- 
ment between  the  parties,  the  price  to  be  ascertained 
and  determined  by'  five  disinterested  persons,  non-resi- 
dents of  such  city,  two  of  whom  to  be  chosen  by  said 
Common  Council  and  two  by  the  Board  of  Directors  of 
such  company,  and  the  fifth  by  the  four  so  chosen  : 
Provided , That  the  right  of  such  city  to  purchase  such 
works  shall  accrue  immediately,  if  at  the  end  of  twelve 
years  from  the  time  of  the  organization  of  such  com- 
pany, or  at  the  expiration  of  any  year  thereafter,  it 
shall  appear  that  such  company  has  imposed  and  col- 
lected such  rates  or  charges  for  the  supply  of  water  as 
shall  have  caused  the  average  annual  income  or  divi- 
dends of  such  company  upon  its  capital  stock  to  exceed 
ten  per  cent.,  after  paying  the  cost  of  all  necessary  re- 
pairs and  expenses,  and  exclusive  of  one  and  a half 
per  cent,  per  annum,  which  may  he  set  apart  and  re- 
served as  a surplus  or  contingent  fund. 

* water  Sec.  10.  Such  company  shall  have  power  and  au- 
fixeci.  thority  to  charge  and  collect  from  such  city  and  the 
inhabitants  thereof,  and  all  others,  such  rates  for  the 
water  so  furnished  as  shall  be  fixed  by  its  by-laws,  rules, 
and  regulations,  subject  only  to  the  restrictions  imposed 
by  such  Common  Council  as  aforesaid. 

Sec.  11.  Such  company  shall  annually,  at  least  ten 
days  before  the  election  of  directors,  make  out  a full 
and  complete  exhibit  of  all  the  operations  of  the  com- 
pany during  the  current  year,  containing  a correct  ac- 
count of  all  the  receipts  and  disbursements  thereof? 


Company 
to  make 
annual 
exhibit. 


GENERAL  ASSEMBLY. 


115 


also  showing  the  amount  of  capital  stock  subscribed, 
the  amount  of  such  capital  stock  actually  paid  in,  the  exhibit, 
amount  paid  out  during  the  year  in  the  construction  \ 
and  repair  of  the  works,  the  amount  paid  out  in  the 
ordinary  expenses -of  the  company  ; classifying  the 
expenditures,  and  giving  the,  amount  paid  out  under 
each  classification,  as  the  same  appears  on  the  books  of 
the  company,  the  amount  collected  from  such  city,  and  • « 
the  amount  collected  from  individuals  for  water  sup-  * 
plied  ; the  amount  placed  to  the  credit  of  the  reserve 
fund;  the  amount  of  dividends  declared,  and  the  * 

amount  of  such  dividends  drawn  ; which  exhibit  shall 
be  verified  by  the  oath  of  the  President  and  Secretary, 
and  published  in  some  public  newspaper  'of  general 
circulation  in  such  city  ten  days  successively  before 
such  annual  election. 

Sec.  12.  It  is  hereby  declared  that  an  emergency  ®“ergen* 
exists  for  the  immediate  taking  effect  of  this  act,  and 
that  the  same  shall  take  effect  and  be  in  force  from  and 
after  its  passage. 


COMMON  SCHOOLS. 

AN  ACT  to  provide  for  a general  system  of  common  schools,  the  officers 
thereof  and  their  respective  powers  and  duties,  and  matters  properly  con- 
nected therewith,  and  prescribing  the  fees  for  certain  officers  therein 
named,  and  for  the  establishment  and  regulation  of  township  libraries, 
and  to  repeal  all  laws  inconsistent  therewith;  providing  penalties  therein 
prescribed. 

[Approved  March  6,  1865.] 

(See  Acts  of  1865,  page  3.) 

Sec.  4.  Each  civil  township,  and  each  incorporated 
town  or  city  in  the  several  counties  of  the  "State,  is 
hereby  declared  a distinct  municipal  corporation  for 
school  purposes,  by  the  name  and  style  of  the  civil 
township,  town,  or  city  corporation  respectively,  and 
by  such  name  may  contract  and  be  contracted  with, 
sue  and  be  sued  in  any  Court  having  competent  juris- 
diction ; and  the  Trustees  of  such  township,  and  the 
Trustees  provided  for  in  the  next  section  of  thi3  act, 


116 


ACTS  OF  THE 


shall,  for  their  township,  town,  or  city, ‘be  School  Trus- 
tees, and  perform  the  duties  of  Clerk  and  Treasurer  for 
school  purposes. 

Sec.  5.  The  Common  Council  of  each  incorporated 
city  and  the  Board  of  Trustees  of  each  incorporated 
town  of  this  State  shall,  at  their  first  regular  meeting 
in  the  month  of  April  of  the  present  year,  and  bien- 
nially thereafter,  elect  three  School  Trustees,  who  shall, 
before  entering  upon  the  duties  of  their  office,  take  and 
subscribe  an  oath  and  give  bond,  similar  to  the  oath 
and  bond  required  of  Township  Trustees;  and  such 
Trustees  shall  be  allowed  such  reasonable  compensation 
per  diem  for  their  services  as  to  the  authorities  of  such 
incorporated  cities  and  towns  may  be  deemed  just,  to 
be  paid  out  of  the  special  tax  raised  in  such  cities  or 
towns. 


AN  ACT  to  authorize  cities  and  towns  to  negotiate  and  sell  bonds,  to  procure 
means  with  which  to  erect  and  to  complete  unfinished  school  buildings 
• and  pay  debts  contracted  for  erection  of  such  buildings,  and  authorizing 
the  levy  and  collection  of  an  additional  special  school  tax  for  the  payment 
of  principal  and  interest  of  such  bonds. 

[Approved  March  11,  1867.] 

when  city  Section  1.  Be  it  enacted  by  the  General  Assembly  of  the 

or  in  cor-  . 

porated  State  of  Indiana , That  any  city  or* incorporated  town 

town  may  J . 

issue  and  jn  this  State  which  shall,  by  the  action  of  its  School 

finish ltl  °r  Trustee  or  Trustees,  have  commenced,  or  may  hereafter 

buildings,  commence,  the  erection  of  any  building  or  buildings  for 
school  purposes,  or  which  shall  have,  by  its  School 
Trustee  or  Trustees,  contracted  any  debts  for  the  erec- 
tion of  any  such  building  or  buildings,  and  such  Trus- 
tee or  Trustees  shall  not  have  the  necessary  means  with 
which  to  complete  such  building  or  buildings,  or  pay 
such  debt,  may,  on  the  filing  by  the  School  Trustee  or 
Trustees  of  said  city  or  incorporated  town,  of  a report 
under  oath,  with  the  Common  Council  of  such  city  or 
the  Board  of  Trustees  of  such  incorporated  town,  show- 
ing the  estimated  cost  of  any  such  building  or  build- 


GENERAL  ASSEMBLY. 


117 


ings,  or  the  amount  required  to  complete  such  building 
or  buildings,  or  the  amount  of  such,  debt,  on  the  pas- 
sage of  an  ordinance  authorizing  the  same,  by  the 
Common  Council  of  such  city  or  the  Board  of  Trustees 
of  such  incorporated  town,  issue  the  bonds  of  such  city 
or  town  to  an  amount  not  exceeding  in  the  aggregate 
thirty  thousand  dollars,  in  denominations  not  less  than 
one  hundred,  nor  more  than  one  thousand  dollars,  and 
payable  at  any  place  that  may  be  designated  in  such 
bonds,  the  principal  in  not  less  than  one  year  nor  more 
than  twenty  years  after  the  date  of  such  bonds,  and  the 
interest  annually  or  semi-annually,  as  may  be  therein 
provided,  to  provide  the  means  with  which  to  complete 
such  building  or  buildings  and  to  pay  such  debt,  and 
such  Common  Council  or  Board  of  Trustees  may,  from 
time  to  time,  negotiate  and  sell  as  many  of  such  bonds 
as  may  be  necessary  for  such  purpose,  in  any  place,  and 
for  the  best  price  that  can  be  obtained  therefor  in  cash  : 
Provided , That  such  bonds  shall  not  be  sold  at  a price 
less  than  ninety-four  cents  on  the  dollar. 


The 

amount  of 
bonds 
shall  not 
exceed 
$30,009,  of 
$100  each. 
How 
payable. 


Bonds 
may  be 
sold  for 
cash,  but 
not  less 
than  94 
cents  on 
the  dollar. 


Sec.  2.  The  proceeds  of  the  sales  of  such  bonds  shall 
be  paid  to  the  said  School  Trustee  or  Trustees  to  enable  th!boSSf 
them  to  erect  or  complete  such  building  or  buildings  School 
and  pay  such  debt;  but  before  payment  to  them,  such  Xu 
School  Trustees  shall  hie  with  the  County  Auditor  afo^ap-1 
bond  payable  to  the  State  of  Indiana,  in  a sum  not  less  the™udi£ 
than  the  full  amount  of  the  said  money  so  to  be  paid01’ 
to  them,  and  with  security,  to  be  approved  by  said 
Auditor,  conditioned  for  the  faithful  and  honest  appli- 
cation of  such  money  to  the  purpose  for  which  the 
same  was  provided  ; and  such  Trustee  or  Trustees,  and 
their  surety  or  sureties,  shall  be  liable  to  suit  on  such 
bond  for  any  waste,  misapplication  or  loss  of  such 
money,  in  the  same  manner  as  now  provided  for  waste 
or  loss  of  school  revenue. 


Sec.  3.  In  addition  to  the  levying  the  tax  by  cities  or 
incorporated  towns  for  general  purposes  now  author- 


118 


ACTS  OF  THE 


fax°may  lze(^  ^7  law>  Common  Council  of  any  such  cities, 
andecot?  and  Board  of  Trustees  of  any  such  incorporated  towns, 
painter- as  shall  avail  themselves  of  the  provisions  of  this  act, 
iH-iucipai  a^e  hereby  authorized  and  required  to  levy,  annually,  a 
felling special  additional  tax,  at  the  same  time  and  in  the  same 
manner  as  other  taxes  of  such  city  or  towmare  levied, 
sufficient- to  pay  the  interest  and  principal  of  said  bonds 
falling  due,  which  additional  special  tax.  shall  be  col- 
lected as  other  taxes  of  such  city  or  town  are  collected  ; 
special  an(f  Bie  Treasurer  of  such  city  or  town^shall.keep  accu- 
conlcted7  ra,te  accounts  of  the  revenue  arising  from  such  special 
o?freas-es f ax5  and  shall,  in  his  reports,  and  when  required  by  the 
iaSonto6" city  or  town  authorities,  show  the  amount  thereof  re- 
the  same.  ceive(^  the  amount  disbursed,  and^the  amount  thereof, 
if  any,  remaining  delinquent;  he  shall  pay  out  the  same, 
only  by  the  authority  of  the  Common  Council  of  such 
city  or  Board  of  Trustees  of  such  town,  and  shall  per- 
mit the  same  to  be  applied  to  no  pther  purpose  than 
the  payment  of  the  principal  and  interest^  of  such 
bonds ; and  official  bonds  of  City  and  Town  Treasurers 
shall  be  construed  to  cover  and  include  revenue  arising 
from  this  sourcfe  : Provided,  always , That  the  additional 
special  tax  hereby  authorized  shall  not,  in  any  one  year 

exceed  fiftv  cents  on  each  one  hundred  dollars  of  taxa- 
«/ 

ble  property,  and  one  dollar  on  each  poll. 

Sec.  4.  The  advancement  of  the  cause  of' education 
requiring  that  this  act'  shall  take  immediate  effect, 
therefore,  an  emergency  exists,  and?  this  act  shall  take 
effect  and  be  in  force  from  and  after  its  passage. 


Amount 
of  special 
-tax  shal 
not  ex- 
ceed, <fcc. 


Emergen- 
cy de- 
clared. 


GENERAL  ORDINANCES 

OF  THE'  CITY  OF  EVANSVILLE. 

•S  


AN  ORDINANCE  to  provide  for  the  election  of  three  Assessors,  and  pre- 
scribing their  duties.  » 

* [Passed  January  22,  1866.] 

(Published  and. in  force  January  24,1866.) 

1.  Three  Assessors  to  be  elected. 

.2.  Improvements  to  be  assessed  at  fair  cash  value. 

8.  Duties  of  Assessors  to  be  apportioned  by  Council. 

4.  Assessment  roll  of  real  estate,  how  made  and  returned. 

5.  Assessment  roll  of  personals,  &c.,  how  made  and  returned. 

G.  Schedules  of  personal  property,  how  made  and  returned,  and  duties  of 
Assessor  in  relation  thereto. 

7.  Form  of  assessment  roll. 

8.  Assessment  rolls,  when  to  be  returned. 

9.  Repeal  of  certain  ordinances. 

Section  1.  Be  it  ordained  by  the  Common  Council  of 
the  City  of  'Evansville,  That  at  each  annual*  election  of 
Oouncilmen  hereafter  to  be  held,  there  shall  be  elected 
by  the  qualified  voters  of  said  city  three  Assessors, 
each  of  .whom  shall  give  bond  and  be  sworn  as  required 
by  the  thirty-sixth  section  of  the  City  Charter. 

Sec.  2.  That  from  and  after  the  passage  of  this  ordi- 
nance, it  shall  be  the  duty  of  the  Assessor  or  Assessors, 
in  assessing  the  real  estate  of  the  city,  to.in  elude  in  the 
valuation  thereof  the-  entire  fair  cash  value  of  all  im- 
provements thereon;  and  the  Commoif  Council,  in  as- 
sessing  taxes  either  for  general  revenue  or 'for  railroad 
purposes,  will  not  exempt  any  portion  *of  the  value  of 
improvements  on  real  estate. 


120 


GENERAL  ORDINANCES 


Sec,  3.  It  shall  be  the  duty  of  the  Common  Council, 
as  soon  as  practicable  after  the  election  of  Assessors,  to 
designate  one  of  said  Assessors  as  the  Assessor  of  real 
estate  of  the  city,  and  the  other  two  of  said  Assessors 
as  the  Assessors  of  the  personal  property,  polls,  &c.,  of 
the  city ; and  the  Council  may,,  if  they  think  proper, 
divide  the  city  into  two  districts  for  the  assessment  of 
personal  property,  polls,  &c.,  assigning  one  of  said  As- 
sessors of  personal  property  to  each  of  said  districts,  or 
they  may  require  the  assessment  of  the  personal  prop- 
erty, polls,  &c.,  to  be  made  by  said  Assessors  without 
dividing  the  city  into  districts  ; and  in  case  of  a va- 
cancy caused  by  the  resignation,  death,  Or  other  disa- 
bility of  any  one  of  the  Assessors,  the  Council  may 
either  require  the  two  remaining  Assessors  to  complete 
the  entire  assessment,  or  they  may  order  a special 
election  to  fill  such  vacapcy. 

Sec.  4.  It  shall  be  the  duty  of  one  or  more  of  the 
Assessors,  as  the  Council  may  indicate  in  the  distribu- 
tion of  their  duties,  as  soon  as  practicable  after  their 
election,  to  proceed  to  make  out  a full  and  fair  list  or 
lists  of  all  real  estate  to  be  taxed,  with  the  names  of 
the  owners  or  claimants  arranged  in  alphabetical  order  ; 
and  they  shall,  in  making  said*lists,  set  opposite  to  the  * 
name  of  each  owner  or  claimant  a description  of  each 
lot  or  parcel  of  real  estate  owned  or  claimed 'by  him, 
and  the  value  thereof,  and  also  the  value  of  the  im- 
provements thereon ; which  list  or  lists  shall  be  made 
and  returned  according  to  the  requirements  of  the 
Charter  and  the  ordinances  made  or  to-  be  made  in 
pursuance  thereof ; and  said  list  or  lists  shall  be  desig- 
nated as  the  assessment  roll  of  real  estate  for  the  proper 
year,  and  the  said  Assessor  or  Assessors,  before  return- 
ing said  roll,  shall  make,  sign,  and  append  thereto  a 
certificate  that  it  is  such  assessment  roll  of  real  estate 
for  the  proper  year,  which  year  shall  be  designated  in 
the  certificate. 


CITY  OF  EVANSVILLE. 


121 


Sec.  5.  It  shall  be  the  duty  of  one  or  more  of  the 
Assessors,  as  the  Council  may  indicate  in  the  distribu- 
tion of  their  duties,  as  soon  as  practicable  after  their 
election,  to  proceed  to  make  out  a full  and  fair  list  or 
lists  of  all  persons,  and  all  personal  estate,  and  all  dogs 
and  bitches,  and  all  polls  to  be  taxed,  placing  the  names 
of  persons  in  alphabetical  order,  setting  opposite  the 
name  of  each  person  the  value  of  his  or  her  personal 
estate  subject  to  taxation  ; and  in  making  and  return- 
ing said  list  or  lists,  the  Assessor  or  Assessors  shall  in 
all  things  be  governed  by  the  provisions  of  the  City 
Charter  and  the  ordinances  made  or  to  be  made  in  pur- 
suance thereof.  Said  list  or  lists  shall  be  designated  as 
the  assessment  roll  or  rolls  of  personal  property  for  the 
proper  year ; and  the  Assessor  of  Assessors,  before  re- 
turning the  same,  shall  make,  sign,  and  append  to  each 
such  list  a certificate  that  it  is  such  assessment  roll  for 
the  proper  year,  which  year  shall  be  designated  in  the 
certificate. 

Sec.  6.  It  shall  be  the  duty  of  the  Assessor  or  Asses- 
sors to  require  each  merchant,  manufacturer,  or  other 
person  owning,  possessing,  or  controlling  personal 
property  taxable  for  city  purposes,  to*  make  and  sub-  ’ 
scribe  a written  or  printed  statement,  verified  by  his 
affidavit ; which  statement  and  affidavit  '"shall  be  in 
accordance  with  the  provisions  of  the  first  section  of  an 
ordinance  passed  April  24,  1865,  entitled  “An  Ordi- 
nance in  relation  to  the  assessment  of  personal  prop- 
erty.” Blank  printed  statements,  according  to  the 
forms  prescribed  in  said  ordinance,  shall  be  furnished 
by  the  Assessor  or  Assessors  to  the  several  persons  re- 
quired to  make  such  statements ; and  should  any  per- 
son, firm,  or  corporation  owning,  possessing,  or  con- 
trolling any  property  taxable  for  city  purposes  fail  or 
refuse,  when  called  on  for  that  purpose  by  the  Assessor, 
to  make  and  verify  by  affidavit  the  statement  hereby 
required,  it  shall  be  the  duty  of  such  Assessor  to  affix, 

16 


122 


GENERAL  ORDINANCES 


from  the  best  information  he  can  obtain,  a fair  valua- 
tion of  the  personal  estate  owned,  possessed,  or  con- 
trolled by  such  person,  firm,  or  corporation,  according 
to  the  thirty-eighth  section  of  the  City  Charter. 

Sec.  7.  Each  assessment  roll,  besides  the  column  in 
which  the  value  of  real  or  personal  property  is  placed 
by  the  Assessor,  shall  have  another  column  or  columns 
in  which  the  Board  of  Equalization  shall  place  their 
valuation  of  the  same  property,  in  the  event  of  their 
adding  to  or  taking  from  the  valuation  fixed  by  the 
Assessor. 

Sec.  8.  The  assessment  roll  shall  be  returned  to  the 
Clerk  of  the  Council  by  the  second  Monday  of  June  of 
each  year,  unless  further  time  is  given  by  the  Common 
Council ; and  the  Clerk  shall  endorse  on  each  assess- 
ment roll  the  date  of  the  returning  and  filing  thereof. 

Sec.  9.  All  ordinances  in  relation  to  Assessors  and 
their  duties  heretofore  passed,  except  the  said  ordinance 
of  April  24,  1865,  entitled  “ An  Ordinance  in  relation 
to  the  assessment  of  personal  property,”  be,  and  the 
same  are  hereby,  repealed. 

W.  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


CITY  OF  EVANSVILLE 


123 


AN  ORDINANCE  in  relation  to  the  assessment  of  personal  property. 

[Passed  April  24,  1865.] 

[Published  and  in  force  May  1,  1865.] 

1,  Form  of  Schedule. 

2.  Repeal  of  certain  Ordinances. 

Section  1.  Be  it  ordained  by  the  Common  Council  of 
the  City  of  Evansville , That  the  statements  or  schedules 
of  personal  property  to  be  made  out  and  returned  by 
tax-payers  shall  be  as  follows,  viz : — The  statements  or 
schedules  to  be  made  out  and  returned  by  merchants 
shall  be  in  the  following  form,  viz : 

A Statement  of  Personal  Property  appertaining  to  Mer- 
chandizing, taxable  for  City  Purposes , held , owned , 
possessed,  or  controlled  by . 

N.  B.— Nothing  is  to  be  placed  in  this  statement  except  personal  property, 
and  effects  appertaining  to  merchandizing,  and  property,  credits,  and  assets 
belonging  to  the  mercantile  establishment  or  business  of  the  person  or  firm 
making  the  statement. 


ASSESSABLE  PROPERTY.  | 

VALUE  OP  SUCH  PROPERTY  HEED,  OWNED  POSSESSED,  OR 

CONTROLLED 

During  the  month  ending  April  30,  186— 

...  ...  May  31,  186 — 

...  ...  June  30, 186— 

July  31,  186— 

...  ...  August  31,  186— 

September  30, 186— 

October  31,  186— 

...  ...  November  30.  186— 

...  ...  December  31,  186— 

...  ...  January  31, 186— 

...  ...  February  28,  186— 

...  ...  March  31, 186— 

Divide  by  the  number  of  months 


to 

a 

•H 


o 

a 


-(-a 

A 


+-> 

< 


1.  Assessable  value  of  stock 

2.  Money  on  hand  or  on  deposit 

3.  Money  at  interest 

4.  Solvent  demands  against  others  (over  and  above 

indebtedness 

5.  Value  ot  all  stocks  and  bonds  issued  by  bodies  cor- 

porate, by  States,  or  by  the  United  States,  except 
such  as  are  exempt  by  Act  of  Congress 

6.  Value  of  wagons,  coaches,  hacks,  carriages,  carts, 

drays,  and  other  vehicles : 

7.  Value  of  clocks,  watches,  and  other  timepieces 

8.  Number  and  value  of  horses,  mules,  and  cattle 

9.  Value  of  ships,  steamboats,  canal-boats,  and  flat- 

boats  

10.  Value  of  all  other  property  not  above  specified 

11.  The  number  of  dogs  owned,  possessed,  or  harbored 

within  the  last  twelve  months 

Total 


Dollars. 


Cts. 


Signed  and  dated  this 


day'  of 


186—. 


124 


GENERAL  ORDINANCES 


State  of  Indiana,  Vanderburgh  County,  1 1 
■ ' City  of  Evansville,  /* 1 2 3 4 5 6 7  8 9 10 11 ’ 

, one  of  the  members  of  the  tirm  of , 

being  sworn,  says,  that  to  the  best  of  his  knowledge, 
recollection,  and  belief,  the  above  is  a true  and  correct 
estimate  of  the  true  cash  value  of  all  the  personal  prop- 
erty and  effects  appertaining  to  the  business  of  mer- 
chandizing held,  owned,  possessed,  or  controlled  by  the 

said  at  the  times  therein  mentioned,  and  that 

the  said  sum  of  $ is  the  correct  average  value  of 

said  property  and  effects  for  the  time  therein  stated,  as 

nearly  as  the  same  can  be  ascertained. . 

Signed  and  sworn  to  before  me,  the  City  Assessor, 

this day  of , 186 — . , Assessor. 

And  the  statement  or  schedule  to  be  made  out  and  return- 
ed by  manufacturers  shall  be  inthe  following  form,  viz : 

A Statement  of  Personal  Property  appertaining  to  Manufacturing , taxable  for 
City  Purposes,  held,  owned , possessed,  or  controlled  by . 


NT.  B.— Nothing  is  to  be  placed  in  this  statement  except  personal  property, 
and  effects  appertaining  to  -manufacturing,  and  property,  credits,  and  assets 
belonging  to  the  manufacturing  establishment  or  business  of  the  person  or 
tirm  making  the  statement. 


ASSESSABLE  PROPERTY. 


VALUE  OF  SUCH  PROPERTY  HELD,  OWED  POSSESSED,  OR. 

CONTROLLED 

During  the  month  ending  April  30,  186— 

May  31,  186— 

June  30, 186— 

July  31,  186— 

August  31,  186— 

September  30, 186— 

October  31,  186— 

November  30,  186— 

December  31,  186— 

January  31,  186 — 

February  28,  186— 

March  31, 186— 


Divide  by  the  number  of  months. 


© 

o3 

03 

4) 

A 

SC 

a 

"5  • 

35  ~ j 

s © 


V 


+3 


1.  Assessable  value  of  stock .. 

2.  Money  on  hand  or  on  deposit 

3.  Money  at  interest 

4.  Solvent  demands  against  others  (over  and  above 

indebtedness  

5.  Value  of  all  stocks  and  bonds  issued  by  bodies  cor- 

porate, by  States,  or  by  the  United  States,  except 
such  as  are  exempt  by  Act  of  Congress 

6.  Value  of  wagons,  coaches,  hacks,  carriages,  carts, 

drays,  and  other  vehicles 

7.  Value  of  clocks  watches,  and  other  timepieces 

8.  Number  and  value  of  horses,  mules,  and  cattle 

9.  Value  of  ships,  steamboats,  canal-boats,  and  flat- 

boats 

10.  Value  of  all  other  property  not  above  specified... 

11.  The  number  of  dogs  owned,  possessed,  or  harbored 

within  the  last  twelve  months 


Total. 


f 


186—. 


Signed  and  dated  this day  of 


CITY  OF  EVANSVILLE. 


125 


State  of  Indiana,  Vanderburg  County,  \ 

City  of  Evansville,  , / 

, one  of  the  members  of  the  firm  of , be- 
ing sworn,  says,  that  to  the  best  of  his  knowledge,  rec- 
ollection, and  belief,  the  above  is  a true  and  correct 
estimate  of  the  true  cash  value  of  all  the  personal  prop- 
erty and  effects  appertaining  to  the  business  of  manu- 
facturing  held,  owned,  possessed,  or  controlled  by  the 

said at  the  times  therein  mentioned,  and  that  the 

said  sum  of  $ i3  the  correct  average  value  of  said 

property  and  effects  for  the  time  therein  stated,  as  nearly 
as  the  same  can  be  ascertained. 


Signed  and  sworn  to  before  me,  the  City  Assessor, 
this  day  of , 186 — . 

= , Assessor. 

And  the  statement  to  be  made  out  and  returned  by  all 
persons  other  than  merchants  and  manufacturers  shall 
be  in  the  following  form,  viz. : 

A Statement  of — , Personal  Property , taxable  for  City 

Purposes  by  the  Common  Council  of  the  City  of  Evans- 
ville, and  held , owned , possessed , or  controlled  by  him  at 
the  date  thereof . 


ASSESSABLE  PROPERTY. 

1.  Money  on  hand  or  on  deposit 

2.  Money  at  interest 

3.  Solvent  demands  against  others  (over  and  above  indebt- 

edness   

4.  Value  of  all  stocks  and  bonds  issued  by  bodies  corporate, 

by  States,  or  by  the  United  States,  except  such  as  are 
exempt  by  Act  of  Congress .. 

5.  Value  of  wagons,  coaches,  hacks,  carriages,  carts,  drays, 

and  other  vehicles 

6.  Value  of  clocks,  watches,  and  other  timepieces 

7.  Value  of  musical  instruments 

8.  Value  of  household  furniture 

9.  Number  and  value  of  horses,  mules  and  cattle 

10.  Value  of  all  ships,  steamboats,  canal-boats,  and  flat-boats 

11.  Value  of  all  personal  property,  money,  and  solvent  de- 

mands (deducting  indebtedness),  held  as  executor, 
administrator,  guardian,  factor,  consignee,  trustee,  or 
agent 

12.  Value  of  all  other  personal  property  not  above  specified 

13.  The  number  of  dogs  owned,  possessed,  or  harbored  with- 

in the  last  twelve  months 


Total  amount, 


'Dollars. 


Cts. 


Signed  and  dated  this 


day  of , 186—. 


126 


GENERAL  ORDINANCES 


State  of  Indiana,  Vanderburgh,  County,  ] ss 
City  of  Evansville,  j 

, being  sworn,  says,  that  to  the  best  of  his 

knowledge,  recollection,  and  belief,  the  above  contains  a 
true,  full,  and  fair  list,  with  the  true  cash  value  thereof, 
of  the  several  items  of  personal  property  and  effects . 
therein  named,  and  now  owned,  possessed,  or  controlled 

by  him.  . 

Signed  and  sworn  to  before  me,  the  City  Assessor, 
this day  of , 186 — . 

, Assessor. 

Sec.  2.  That  all  ordinances  and  parts  of  ordinances  in 
conflict  with  the  provisions  of  this  ordinance  be,  and 
the  same  are  hereby,  repealed. 

W.  BAKER,  Mayor. 
Attest : A.  M.  McGriff,  Clerk, 

f ' 

AN  ORDINANCE  to  regulate  auctions  and  auctioneers,  and  to  repeal  all 
ordinances  heretofore  passed  and  now  in  force  in  relation  thereto. 

[Passed  July  26,  1859.] 

[Published  and  in  force  July  29,  1859.] 

1.  Auctioneers  must  procure  license. 

2.  Auctioneers  classified. 

3.  Time  when  license  must  expire. 

4.  Class,  &c. , must  be  stated  in  license. 

5.  How  application  for  license  to  be  made. 

6.  License  how  granted. 

7.  Price  of  license. 

8.  License  how  issued  ; bond,  &c. 

9.  Action  on  bond. 

10.  Auction-room,  and  books  to  be  kept. 

11.  License  not  transferable. 

12.  Effect  and  scope  of  license. 

13.  Certain  sales  prohibited  without  license ; penalty. 

14.  License  required  in  certain  cases  ; penalty. 

15.  Effect  of  license  of  Class  2. 

16  and  17.  Penalty. 

18.  Sidewalks  must  not  be  obstructed ; penalty. 

19.  License  when  not  required. 

20.  Repeal  of  former  ordinances. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  be  unlawful  for  auy  per- 
son to  sell  any  property,  real  or  personal,  or  any  article 
or  commodity  whatever,  at  public  auction  or  outcry 
within  the  city  of  Evansville,  without  first  obtaining  a 
license  so  to  do  according  to  the  requirements  of  this 
• ordinance. 


GENERAL  ORDINANCES 


127 


Sec.  2.  All  auction  licenses  issued  by  the  city  are 
hereby  divided  into  three  classes,  to  be  known  and  des- 
ignated as  “Class  No.  1,”  “Class  No.  2,”  and  Class  No.  3.” 
Class  No,  1 shall  consist  of  such  auctioneers  as  are  or 
shall  be  provided  with  a house  or  room  or  rooms  in 
which  to  store  and  keep  goods,  wares,  merchandise,  and 
‘ other  personal  property  entrusted  to  them  to  sell.  Class 
No.  2 shall  consist  of  the  following  persons,  to-wit : 
First . Merchants  and  shopkeepers  who  may  desire  to 
sell  at  public  auction  their  stock  in  trade,  or  any  part 
thereof,  at  or  in  some  other  house  or  place  within  the 
city  than  the  house  or  room  named  in  the  license  of 
some  licensed  auctioneer  of  Class  No.  1;  Second.  All 
persons  who  shall  bring  or  cause  to  be  brought  to  the 
city,  for  sale,  any  merchandise,  furniture,  or  article  or 
articles  of  property  suitable  to  be  entrusted  to  an  auc- 
tioneer of  Class  No.  1,  a^id  suitable  to  be  stored  in  his 
auction-house  or  auction-room,  and  who  shall  desire  to 
sell  such  merchandise,  furniture,  or  article  or  articles  of 
property  at  auction,  at  or  in  some  house  or  place  other 
than  the  house  or  room  named  in  the  license  of  an  auc- 
tioneer of  Class  No.  1.  Class  No.  3 shall  consist  of 
such  auctioneers  as  are  not  embraced  in  either  of  the 
foregoing  classes,  and  who  are  employed  by  the  day  or 
job  to  sell  household  furniture  and  other  property  real 
or  personal.  , 

Sec.  3.  No  license  granted  under  this  ordinance  shall 
run  longer  than  the  first  day  of  August  next  succeeding 
the  issuing  thereof. 

Sec.  4.  Every  license  issued  under  this  ordinance  shall 
designate  the  class  to  which  the  person  licensed  belongs  ; 
and  if  the  person  licensed  belongs  to  class  No.  1,  the 
license  shall  also  state  the  house  or  rooms  in  which  his 
business  is  to -be  carried  on;  if  the  person  licensed  be- 
longs to  Class  No.  2,  it  shall  not  only  state  the  house  or 

place  where  the  auction-sales  are  to  be  made,  but  shall 
also  designate  the  merchandise,  stock,  or  property  to 
be  sold. 


128  , GENERAL  ORDINANCES  VA 

- 1 # 

Sec.  5.  Any  person  wishing  to  become  an  auctioneer,  „ 
or  wishing  to  take  out  a license  under  this  ordinance, 

- shall  make  his  application  in  writing  to  the  Common  * 
Council,  stating  the  class  to  which  lie  desires  to  belong,  " 
and  the  length  of  time  for  which  he  wishes  a license,  * 
and  if  he  desires  to  belong  to  Class  Ncr.  1,  stating  also 
the  house  or  room  or  rooms  in  which  his  business  is  to  * 
be  carried  on,  and  the  surety  or  sureties^he  proposes  to*  , 
give  on  his  bond  ; if  said  applicant  desifes  to  belong 'to- 
Class  No.  2,  he  shall  state  in  his  application  not  only 
the  house,  room,  or  place  at  or  in  which  he  proposes  to 
sell,  but  shall  also  designate  the  stock  or  property  pro-**'' 
posed  to  be  sold. 

Sec.  6.  If  the  Council  are  satisfied  that  the  applicant 
is  a suitable  person  to  be  licensed,  and  that  the  sureties 
(in  a case  where  a bond  and  security  is  required)  pro- 
posed are  go<3d,  said  Council  may,  in  its  discretion,  order 
that  a license*be  issued  to  him  upon  his  complying  with*  * 
the  requirements  of  this^  ordinance,  specifying  in  sucji 
order  the  time  such  license  shall  run,  the  class  to.whiph 
the  applicant  shall  belong;  and  if  Iqe  shall  bel‘ong*to  * 
Class  No.  1,  the  order  shall  also  state  the  house  or  room 
or  rooms  in  which  the  business  is  to  be  carried  on,  and 
if  sucli  applicant  shall  belong  to  Class  No.  2,  such  order 
shall  state  the  house  or  room  or  rooms  where  the  sales 
are  to  be  made,  and  shall  designate  the  goods  or  prop- 
erty to  be  sold,  and  shall  also  specify  the  price  to  be 
paid  for  the  license. 

Sec.  7.  The  price  of  a license  of  Class  No.  1 shall  be 
fifty  dollars  for  one  year,  and  thirty-five  dollars  for  six 
months,  qr  for  any  shorter  period;  the  price  of  a license 
of  Class  No.  3 shall  be  thirty  dollars  for  one  year,  and 
twenty  dollars  for  six  months,  or  for  any  shorter  period  ;• 
the  price  of  all  licenses  of  Class  No.  2 shall  be  fixed  by 
the  Council  in  the  order  grafting  the  application.  , 

. Sec.  8.  Before  any  license  shall  be  issued  under  the 
provisions  of  this-  ordinance,  the  applicant  shall  pay  to 


4 


CITY  OF  EVANSVILLE. 


t 


129 


ft  . 


* • 

-t  the.-  city  treasurer  the  price  of  such  license,  and  shall  file 

* .the  treasurer’s  .receipt  with  the  clerk  of  the  city,  who 
■ v shall  charge  the  treasurer  therewith,  and  if  said  appli- 
cant -belongs  to  Class  No.  1,  he  shall  also  file  with  the 
clerk  his  bond  in  the  penal  sum  of  not  less  than  five 
thousand  dollars,  with  security  to  the  acceptance  of  the 
Council,  conditioned  that  he  will  faithfully  discharge  his 

‘.duties  as  such  auctioneer,  conform  to  the  ordinances  of. 
the  city  enacted  or  to  be  enacted  in  relation  to  auctions 
and  auctioneers,  and  pay  over  and  deliver  all  moneys 
.^and  property  on  demand  which  shall  have  come  to  his 
ihands  as  such  auctioneer  to  the  person  or  persons  enti- 
tied  to  receive  the  same  ; and  upon  complying  with  these 
requirements,  a license  shall  be  issued  reciting  the  order 

# . of  the  Council  and  the  compliance  of  the  applicant  with 
. its  requirements,  which  license  shall  be  sjgned  by  the 

Mayor,  attested  by  the  Clerk,  and  sealed*with  the  cor- 

• . porate  seal  of  the  city.  * 

• , . Sec.  9.  If  any  auctioneer  or  Class.No.  1 shall  violate 
. -tbe-condition  of  his  bond,  he  shall  be  liable  to  an  action 
on  "such  bond,  and  where  such  violation  shall'be  to  the 
injury  of  ‘any  person  or  persons  other  than  the  city,  the 
; party  injured  may  prosecute  an  action  in  the  name  of 
the  city  for  his  use ; but  before  such  action  shall  be  com- 

• . menced,  an  undertaking  shall  be  filed  with  the  Clerk 

with  security  to  the  acceptance  of  the  Mayor,  condi- 
tioned that  the  party  for  whose  use  the  action  is  to  be 
brought  shall  protect  and  indemnify  the  city  from  all 
costs  which  may  accrue  in  such  action. 

S^c.'lO.  Every  auctioneer  belonging  to  Class  No.  1* 
aforesaid,  shall  provide  a convenient  room  or  house  in, 
which  all  goods,  wares,  merchandise,  and  other  personal  ' 
property  entrusted  to  him  for  sale,  (except  live  stock, 
wheeled  vehicles  and  such  -other  articles  as  may  be  un- 
. suitable  to  be  stored  in  suck  house,)  shall  be  kept,  and 
/'  such  auctioneer  shall  also  keep  a book  in  which'shall  be 
entered,  as  soon  as  practicable  after  the  receipt  of  any 

17 


130 


GENERAL  ORDINANCES 


goods,  commodity  or  property,  a schedule  thereof,  with 
the  name  of  the  owner  or  consigner,  and  the  date  of 
the  receipt  thereof,  and  when  such  goods,  commodity  or 
property  is  sold,  an  accurate  account  of  sales  shall  be 
entered  in  said  book,  or  in  some  other  book  to  be  kept 
for  that  purpose ; and  said  book  or  books,  when  re- 
quired, shall  be  submitted  to  the  inspection  of  the 
Council  or  to  any  committee  appointed  for  that  purpose 
by  the  Council. 

Sec.  11.  No  license  granted  under  the  provisions  of 
this  ordinance  shall  be  transferable,  nor  shall  any  person 
other  than  the  auctioneer  named  in  the  license  be  per- 
mitted to  use  such  license,  nor  shall  any  license  protect 
any  person  in  the  exercise  of  the  functions  of  an  auc- 
tioneer of  either  of  said  classes,  or  from  incurring  the 
penalties  prescribed  by  this  ordinance,  except  the  person 
named  therein  to  whom  it  was  issued. 

Sec.  12.  When  a license  of  Class  No.  1 shall  be  issued 
to  one  person,  such  license  shall  authorize  the  person 
licensed  to  exercise  all  the  functions  of  an  auctioneer  of 
Class  No.  3,  as  well  as  the  functions  of  Class  No.  1,  but 
when  a license  of  Class  No.  1 is  issued  to  a firm,  it  shall 
authorize  any  and  all  the  partners  of  the  firm  to  exer- 
cise the  functions  of  an  auctioneer  at  or  in  the  house, 
room  or  rooms  named  in  the  license  as  the  place  of  busi- 
ness of  said  firm,  but  not  elsewhere.  In  such  case,  how- 
ever, there  shall,  at  the  request  of  said  firm,  be  issued  to 
any  one  member  of  said  firm  an  additional  license  of 
Class  No.  3,  without  the  payment  into  the  city  treasury 
of  any  additional  price  therefor,  and  such  license  shall 
protect  the  person  named  therein,  but  no  other  person? 
in  exercising  the  functions  of  an  auctioneer  at  anj  place 
within  the  city. 

Sec.  13.  It  shall  not  be  lawful  for  any  merchant  or 
shop-keeper,  either  by  himself  or  by  a licensed  auctioneer, 
to  sell  out  his  stock  in  trade  or  any  part  thereof  at  public 
auction  at  or  in  any  other  house  or  place  within  the 


CITY  OF  EVANSVILLE. 


131 


city  than  the  house  or  room  named  in  the  license  of 
some  licensed  auctioneer  of  Class  No.  1,  without  first 
procuring  a license  of  Class  No.  2,  and  any  person  who 
shall  violate  the  provisions  of  this  section  shall  forfeit 
and  pay  any  sum  not  less  than  ten  dollars  nor  more  than 
fifty  dollars. 

Sec.  14.  Whenever  any  stock  of  merchandise,  furni- 
ture, or  article  of  property  suitable  to  be  entrusted  to  an 
auctioneer  of  Class  No.  1,  and  suitable  to  be  stored  in 
his  auction  house  or  auction  room,  shall  be  brought  to 
the  city  for  sale,  it  shall  not  be  lawful  for  any  licensed 
auctioneer  or  other  person  to  sell  such  merchandise, 
furniture,  or  article  of  property  at  public  auction  at  or 
in  any  other  house  or  place  within  the  city  than  the 
house  or  room  named  in  the  license  of  some  licensed 
auctioneer  of  Class  No.  1,  without  first  procuring  a 
license  of  Class  No.  2,  and  any  person  who  shall  violate 
the  provisions  of  this  section  shall  forfeit  and  pay  any 
sum  not  less  than  twenty-five  dollars  nor  more  than  fifty 
dollars. 

Sec.  15.  A license  of  Class  No.  2 shall  not  authorize 
the  sale  at  auction  of  any  stock  in  trade,  furniture  or 
property  except  such  as  may  be  designated  or  indicated 
in  the  license. 

Sec.  16.  Every  person  who  shall  violate  the  first  sec- 
tion of  this  ordinance  shall  for  every  such  offence,  forfeit 
and  pay  any  sum  not  less  than  twenty  dollars  nor  more 
than  fifty  dollars,  and  upon  conviction  ©f  a second  or 
any  subsequent  violation  of  said  section  by  the  same 
person,  said  penalty  may  be  increased  to  any  sum  not 
less  than  fifty  dollars. 

Sec.  17.  Any  auctioneer  of  Class  No.  1,  who  shall 
violate  any  condition  of  his  bond,  shall  forfeit  and  pay 
any  sum  not  less  than  one  dollar  nor  more  than  twenty- 
five  dollars. 

Sec.  18.  No  auctioneer  licensed  under  this  ordinance 
shall  obstruct,  or  suffer  or  permit  any  person  or  persons 


132 


GENERAL  ORDINANCS 


attending  upon  any  auction  held  by  him  to  obstruct, 
more  than  five  feet  in  width  of  the  side  walk  in  front 
of  or  adjacent  to  the  place  where  such  auction  may  be 
held,  and  any  auctioneer  who  shall  violate  the  provis- 
ions .of  this  section  shall  forfeit  and  pay  any  sum  not 
less  than  fifty  cents  nor  more  than  five  dollars,  and  all 
licensed  auctioneers  are  hereby  authorized  and  empow- 
ered to  command  and  require  all  persons  attending  such 
auctions  to  observe  the  requirements  of  this  section, 
and  if  any  person  shall  refuse  to  observe  the  directions 
which  may  be  so  given  by  any  such  auctioneer,  the  per- 
son so  refusing  shall,  by  such  refusal,  himself  incur  the 
penalty  prescribed  by  this  section. 

Sec.  19.  Nothing  contained  in  this  ordinance  shall 
prevent  any  sheriff,  constable,  marshal  or  other  officer 
from  selling,  by  himself  or  deputy,  at  public  auction, 
any  property,  real  or  personal,  under  judicial  process; 
nor  shall  anything  herein  contained  prevent  any  execu- 
tor, administrator,  guardian,  or  commissioner  from 
selling  property  at  auction  which  his  official  duty  may 
require  to  be  thus  sold;  but  no  person  shall  act  as  auc- 
tioneer at  any  auction  sale  contemplated  by  this  section, 
except  such  sheriff,  constable,  marshal  or  other  officer 
or  his  regularly  appointed  deputy,  or  such  executor,  ad- 
ministrator, guardian  or  commissioner,  or  some  licensed 
auctioneer  employed  by  the  officer  or  person  making 
the  sale. 

Sec.  20.  All  ordinances  in  relation  to  auctions  and 
auctioneers  heretofore  passed  and  now  in  force  are  hereby 
repealed,  but  this  repeal  shall  not  invalidate  any  license 
issued  or  bond  given  under  such  ordinances,  and  all 
offences  heretofore  committed:  against  such  ordinances 
may  be  punished  as  if  this  ordinance  had  not  been 
passed. 

WILLIAM  BAKER,  Mayor. 

Attest:  P.  Burke,  Clerk. 


CITY  OF  EVANSVILLE. 


133 


AN  ORDINANCE  to  amend  an  ordinance  passed  July  26, 1859,  entitled  “An 

Oi'dinance  to  regulate  auctions  and  auctioneers,  and  to  repeal  all  ordinances 

heretofore  passed  and  now  in  force  in  relation  thereto.” 

• [Passed  December  17,  1859.] 

[Published  and  in  force  December  20, 1859.] 

1.  Who  maybe  licensed  as  Auctioneers  of  Class  No.  2. 

2.  Monthly  reports  and  payments  to  be  made  by  Auctioneer  of  Class  No.  1. 

3.  Auctioneer  of  Class  No.  1 may  employ  deputy. 

4.  5.  Penalty.  * 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  no  license  shall  be 
granted  to  any  person  as  an  auctioneer  of  Class  No.  2, 
unless  such  person  be  a resident  of  the  city  of  Evansville. 

Sec.  2.  That  hereafter  all  goods,  merchandise  or  other 
property  which  may  be  brought  to  the  city  of  Evans- 
ville by  any  person  other  than  a citizen  of  said  city,  and 
sold  at  auction  by  any  auctioneer  of  Class  No.  1,  shall  be 
subject  to  a license  of  one  per  centum  upon  the  amount 
of  such  goods,  merchandise  or  other  property  sold  at 
auction,  which  license  shall  be  paid  by  the  auctioneer  of 
Class  No.  1,  selling  the  same  ; and  alb  auctioneers  of 
Class  No.  1 shall,  on  or  before  the  second  Saturday  in 
each  month,  deliver  to  the  city  Clerk  a statement  veri- 
fied by  the  oath  of  such  auctioneer,  showing  whether 
any,  and  if  any,  what  amount  of  goods,  merchandise  or 
other  property  was  sold  by  him  during  the  preceding 
month  for  or  on  account  of  persons  other  than  citizens 
of  said  city;  and  such  auctioneer  shall  at  the  same 
time  deliver  to  said  clerk  the  receipt  of  the  city  treas- 
urer for  the  amount  of  the  license  due  on  the  same. 

Sec.  3.  That  hereafter,  any  auctioneer  of  Class  No.  1 
may  allow  the  owner  of  any  goods,  merchandise  or  other 
property  to  sell  the  same  at  auction  in  the  auction  house 
or  auction  room  of  such  auctioneer  of  Class  No.  1,  at 
any  time  when  such  auctioneer  of  Class  No.  1 may  not 
himself  be  acting  as  auctioneer,  either  in  such  house  or 
room,  or  elsewhere  in  the  city. 

Sec.  4.  If  any  auctioneer  of  Class  No.  1 shall  neglect 


134 


GENERAL  ORDINANCES 


to  make  and  deliver  to  the  city  Clerk  the  verified  state- 
ment required  by  section  second  of  this  ordinance,  or 
if  he  shall  neglect  to  procure  and  deliver  the  Treasurer’s 
receipt  as  required  by  said  section,  he  shall  forfeit  and 
pay  any  sum  *not  exceeding  one  hundred' dollars. 

Sec.  5.  If  any  auctioneer  of  Class  No.  1 shall  sell  any 
property  at  auction,  either  in  his  own  auction  rooms  or 
elsewhere  in  the  city  at  the  time  when  he  Fs  perpiitting 
the  owner  of  any  property  to  sell  the  same  at  auction  in 
his  auction  house  or  auction  rooms,  such  auctioneer 
shall  for  every  such  offence  forfeit  and' pay  any  sum  not 
exceeding  one  hundred  dollars.  • ~ \ 

WILLIAM  BAKER,  Mayor, 
Attest:  P.  Burke,  Clerk. 


AN  ORDINANCE  concerning  the  duties  of  Clerk  and  Collector. 

[Passed  March  9,  1850.]  * • 

* 

1.  Duplicate  of  Collector’s  return  to  Treasurer  to  be  delivered  to  the  Clerk 
and  by  him  recorded.  . • 

Transfers  of  certificates  of  purchase  to  be  reported  to  Clerk,  and  by  him 
Entered. 

Section  1.  Be  it  ordained,  by  the  Common  Council  of  *the 
City  of  Evansville , That  hereafter  it  shall  be  the  duty  of 
the  Collector  to  return  to  the  City  Clerk,  on  or  before  , 
the  second  Monday  in  November  in  each  year,  a dupli- 
cate of  the  statement  of  lots  and  parts  of  lots  sold,  by 
him  for  taxes,  required  by  the  fifty-second  section  of  the 
city  charter  to  be  Returned  by  him  to  the  City  Treasurer ; 
and  that  thereupon  it^shall  be  the  duty  of  the  City  Qlerk 
to  enter  and  record  said  statement  or  return  in  a proper 
book  to  be  kept  and  preserved  for  ’that.  purpose  ; and 
no  transfer  or  assignment  of  any  certificate. of  purchase 
of  real  property  sold  for  taxes  shall  be^  valid,  so  as  to 
entitle  the  holder  thereof  to  a deed,  unless  said  transfer 
or  assignment,  or  an  abstract  thereof,  shall  within  thirty 
days  after  the  making  of  such  transfer  be  furnished  said 


CITY  OP  EVANSVILLE. 


135 


Glerk,  whose  duty  it  shall  he  to  enter  the  same  in  said 
book,  so  that  he  may  at  all  times  he  able  to  inform  the 
owners  of  property  so  sold  who  may  be  the  holders  of 

certificates  thereof.  * 

JAMES  G.  JOKES,  Mayor. 

Attest:  John  J.  Chandler,  Clerk. 


AN  ORDINANCE  in  relation  to  tlie  collection  of  the  taxes  of  the  city  of^ 
Evansville.  - , 

. [Passed  May  3, 1862.] 

(Published  and  in  force  May  7,  1862.) 

1.  Abatement  of  taxes— three  per  cent,  on  all  taxes  paid  in  full  within  first 
period- of  thirty  days. 

One  and  onerhalf  per  cent,  on  all  taxes  paid  in  full  within  second  period 
of  thirty  days. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  ^Evansville,  That  any  person  or  persons  who  may 
hereafter  be  charged  or  assessed  with  city  taxes,  and 
who  shall,  by  themselves,  their  agents  or  attorneys, 
caure  said  taxes  to  be  fully  paid  within  thirty  days  from 
■ the  time  when  the  duplicate  of  said  taxes  shall  have 
b^n  placed  in  the  hands  of  the  Collector,  shall  be  en- 
titled to  a deduction  *of  three  per  cent,  of  the  amount 
of  si^ch  tax ; and  all  persons  who  shall  in  like  manner 
‘ cause  their  taxes  to  be  paid  after  the  expiration  of  said 
- thirty  days,, and  within  sixty  days  from  the  time  of  the 
delivery  of  the  duplicate  to  said  Collector,  shall  be  en- 
titled to  a deduction  of  one  and  a h$lf  per  cent,  of  the 
amount  of. said  taxes:  Provided,^ That  nothing  herein 
contained  shall  be  so  construed  as  fo  prevent  the  Col- 
lector from  proceeding,  previous  to  the  expiration  of 
said  sixty  days,  to  collect  any  such  tax,  by  advertise- 
ment and  sstle  of -property,  agreeably  to  the  charter  and 
ordinances  of'  said  city. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


.1- 


136 


GENERAL  ORDINANCES 


AN  ORDINANCE  in  relation  to  Collector's  sales. 

[Passed  October  25,  1862.] 

# 

[Published  and  in  force  October  29,  1862.] 

1.  Purchaser  at  tax  sale  to  make  payment  immediately  after  sale.  * 

On  failure  of  payment,  property  to  be  sold  on  next  succeeding  day. 

2.  Collector  to  give  receipt  to  purchaser. 

% 

Section  1.  Be  it  ordained  by  tine  Common  Council  of  the 

City  of  Evansville , That  .at  all  sales  of  property  which 
may  hereafter  be  made  by  the  Collector  for  the  payment 
of  delinquent  taxes  or  other  charges  or  assessments,  the 
terms  or  conditions  of  such  sale  shall  require  that  all 
purchasers  at  such  sale  shall  pay  the  amount  of  their 
* respective  purchases  at  or  immediately  after  the  com- 
pletion of  the  sale ; and  all  property  sold  and  not  paid 
for  agreeably  to  said  terms  and  conditions  shall  be  again 
offered  for  sale  on  the  next  day  thereafter,  at  two  o’clock 
p.  m.,  at  the  door  of  the  court-house  in  said  city,  to 
which  time  and  place  such  sale  shall  be  adjourned ; and 

4 

ail  advertisements  of  Collectors’  sales  shall  contain  a 
clause  giving  notice  of  such  adjournment. 

Sec.  2.  The  Collector  shall  give  to  the  several  pur- 
chasers receipts  for  the  sums  paid  by  them  respectively,- 
which  receipts  shall  be  returned  to  the  Collector  upon 
the  completion  and  delivery  of  the  certificates  of  pur- 
chase. 

WILLIAM  BAKER,  Mayor. 

Attest:  P.  Burke,  Clerk. 


AN  ORDINANCE  in  relation  to  the  duties  of  the  Clerk  of  the  city  of  Ev- 
ansville. . . 

[Passed  March  15, 1851.]  - 

* 1.  City  Clerk  to  make  annual  report. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  be  the  duty  of  the  City 
Clerk,  annually  hereafter,  on  or  before  the  second  Sat- 
urday in  April  next,  after  the  annual  election  of  Qoun- 
eilmen,  to  prepare  and  report  to  the  Counciba  full  and 


CITY  OF  EVANSVILLE. 


137 


complete  statement  of  the  receipts  and  expenditures  of 
the  city  for  the  year  ending  on  the  first  Monday  of  April 
preceding  said  report. 

JAMES  G.  JOKES,  Mayor. 
•Attest : John  J.  Chandler,  Clerk, 


• 

AN  ORDINANCE  prescribing  the  time  in  which,  and  the  time  when  the 
tax  duplicate  shall  be  issued,  and  the  duties  of  the  Collector  and  Clerk  as  to 
the  same,  and  the  fees  of  the  Clerk ; and  also  prescribing  the  time  and 
manner  of» reports  of  the  Collector  and  Clerk,  and  repealing  former  ordi- 
nances. , , 

[Passed  September  5,  1870.] 

1.  Clerk  shall  make  out  duplicate  by  first  Monday  in  November,  and  man- 

ner in  which  same  shall  be  made  out. 

2.  Clerk’s  duty  in  making  out  and  altering  the  duplicate. 

3.  As  to  property  burned  without  insurance. 

4.  The  city,  school,  railroad,  poll,  water-works  and  other  taxes  to  be  esti- 

. mated  separately,  and  the  manner  of  charging  the  same  on  the 

duplicate. 

5.  Copy  of ‘duplicate  to  be  delivered  to  the*  Collectoi  by  the  first  Monday 

of  November,  or  as  Council  order. 

6.  Clerk  to  certify  to  the  Council  a statement  of  all  property  listed  in  the 
city,  and  the  valuation  of  the  same,  &c. 

, 7.  Clerk  to  correct  errors  In  the  duplicate ; and  the  method  and  record  of 
the  same, 

8.  Collector  to  make  no  alterations  in  the  duplicate. 

9.  Duties  of  the.Collector  under  this  ordinance. 

10.  Collector  to  make  a return  on  the  Tuesday  following  the  first  Monday 

of  March, 
lli  Clerk  fees. 

12.  Repeal  of  ordinances  in  conflict. 


Section  1.  Beit  ordained  by  the  Common  Council  of  the 
oity  of  Evansville , That  it  shall  be  the  duty  of  the  Clerk 
on  or  before  the  first  Monday  of  November  in  each 
ye'ar  to  make  out  a duplicate  list  of  taxes  assessed  in 
said  city  of  Evansville,  and  in  so  doing  he  shall  enter 
in  separate  columns  all  lands,  lots,  parts  of  lots,  and 
blocks,  with  the  names  of  the  owners  in  alphabetical 
order,  the  value  of  lands,  lots  or  blocks  without  im- 
provements,,and  opposite  to  this  the  value  of  improve- 
ments,, and  opposite  to  this  the  value  of  lots  and  lands 
with  improvements,  next  all  personal  property  liable  to 
taxation,  together  with  the  tax  on  polls,  and  lastly  he 
shall  number  each  name  in  regular  progression. 


138 


GENERAL  ORDINANCES 


Sec.  2.  The  Clerk,  in  making  out  such  duplicate*  * • 
shall  be  careful  to  enter  upon  the  same  all  the  lands- 
and  lots  returned  by  the  Real  Estate  Assessor  of  said  *: 
city,  and  also  all  such  lands  and  lots  as  may  be  found 
omitted  by  such  Assessor,  with  such  valuation  as  shall 
be  fixed  thereto  by  the  Assessor,  and  he  shall  enter  the 
personal  property  omitted  according  to  the  previous 
Assessor,  giving  a correct  description  of  all  the  property  ^ 
thus  entered  on  his  duplicate,  and  shall  also  carry  into 
effect  all  alterations  which  shall  be  made  in  the  Asses- 

« 

sors  list  by  the  City  Board  of  Equalization,  as,  also,  all 
deductions  and  erroneous  assessments  ordered  *by  the  * 
Common  Council.  ‘ . 

Sec.  3.  When  any  building  or  personal  property  (not 
insured)  shall  be  consumed  by  fire  or  otherwise  de- 
stroyed, the  Clerk,  on  being  satisfied  thereof  by  suffi- 
cient proof  (affidavit  of  parties  interested)  shall  strike 
the  same  from  his  duplicate*  or  deduct  the  proper,  val-  ^ 
uation  from  such  property  with  which  f^e  same  may  be 
charged  on  the  duplicate;  in  all  su<!h  cases*  his  action"* 

shall  be  subject  to  the  approvakof  the  Common  Council. 

■*  - • 

Sec.  4.  The  Clerk  shall  estimate,  in  dollars  and  cents, 
(rejecting  fractions)  and  set  down  iri  such  duplie&te,  in 
separate  columns,  the  city,  school,  railroad,  poll,  water 
works  or  other  taxes  chargifabte  .on* -property  listed  on 
his  duplicate,  as  also  the  number  and  a*mounts  of  de- 
linquent taxes  of  previous  years,  and  adding  such 
penalty  as  -shall  be  fixed  by  Counc^,  and  shall,  carry  out 
the  amount  in  a column  of  totals-,  and  sha^ddd  tip  and 
set  down  on  each  page  of  such. duplicate, $the  number,- 
valuation  of  lands,  lots,  improvements,  personal  prop- 
erty,  polls,  and  other  taxes,  and  delinquents  charged, 
carrying  such  amounts  forward  frtfm  page  fo  page*  and 
proving,  each  page,  and  at  the  end  thereof  gfve  a tabu- 
lar statement  of  all  taxes  charged  and -’assessed,  and. 
attach  thereto-  his  signature  and  the  corporate  seal  of 
the  city.  * . • • 


CITY  OF  EVANSVILLE. 


139 


- Sec.  5.  He  shall  cause  a copy  of  such  duplicate  to  be 
delivered  to  the  City  Collector  on  or  before  the  first 
Monday  of  November  in  each  year,  or  on  such  other 
‘day  as  the  Council  may  order. 

Sec.  6.  The  Clerk  shall  also  make  out  and  certify  to 
the  Common  Council  of  said  city  of  Evansville  afore- 
said, a full,  complete  and  aggregate  statement  of  all 
property  listdd  in  said  city,  the  valuation  thereof,  the 
number  of  polls,  amount  of  each  kind  of  tax,  the  aggre- 
gate amount  thereof,  and  also  the  amount  assessed  for 
Lamasco  City  property,  under  the  annexation  of  1857, 
and  for  the  %city  of  Evansville  proper,  until  the  year 
1871,  (when  the  terms  of  annexation  of  Lamasco  City 
to  Evansville  in  regard  to  the  E.  & C.  Railroad  taxes 
cease.)  ' 

Sec.  7.,  The  Clerk  shall,  from  time  to  time,  correct  all 
errors  which  Jje  may  discover  in  his  duplicate,  either  in 
the'  name  of  £he  person  charged  with  taxes,  the  de- 
scription ^Of  the  property,  or  the  amount  of  tax  charged, 
and  wheii  such-  correction  is  made  after  the  duplicate 
has  been  delivered  to  the  Collector  for  collection,  the 
Clerk.  shall  give,  to  the  person  benefitted  thereby,  a cer- 
tificate bf  such  correction,  under  the  seal  of  the  city,  to 
be  presented  to  the  Collector,  who  shall,  on  presentation 
of  such  certificate,  make  the  like  correction  on  his  du- 
plicate, and  shall  keep  such  certificate  as  a voucher  on 
settlement  with  the  Common  Council,  and  it  shall  also 
be  the ‘duty  of  th#rClerk,.*on  his  discovering  any  omis- 
sions of  real  estate  Or  personal  property,  or  polls,  from 
’ the  duplicate,  to  cause  such  assessment  to  be  made  in 
, regular  form  by  the  ^proper  assessor,,  and  on  such  assess- 
ment beipg  made,  to  certify  the  same  to  tide  Collector, 
who  shalhenter  the  same  on  his  duplicate,  and  shall  be 
charged* by  the  Clerk  therewith,  and  in  case  of  the 
death  or  absence  of  any  assessor  from  the* city  the 
Clerk  shall  make  such  assessment  and  the  Collector 
-shall  chargfe  the  same  in  like  form  on  his  duplicate. 


140 


GENERAL  ORDINANCES 


Sec.  8.  It  shall  be  unlawful  for  the  Collector  of  taxes 
of  the  city  of  Evansville  to  make  any  alterations  or 
deductions  on  his  duplicate,  except  on  the  certificate  of 
the  Clerk,  under  the  seal  of  the  city.  . - 

Sec.  9.  It  shall  be  the  duty  of  the  City  Collector  to 
collect  all  taxes  and  moneys  due  to  the  city,  and  he 
shall  on  the  first  da^  of  .each  and  every  month  during 
his  continuance  in  office,  pay  over  to  the  Treasurer  all 
sums  of  money  remaining  in  his  hands  at  the  end  of 
each  and  every  month,  and  shall  also  on  the  first  day 
of  each  and  every  month  during  his  term  of  office  file 
in  the  office  of  the  City  Clerk  a report  setting  forth  the 
name  and  amount  of  each  and  every  person  paying 
such  taxes,  the  total  amount  paid  cash,  the  amount 
paid  in  city  orders,  and  also  amount  deducted  by 
Council  for  the  prompt  payment  of  taxes,,  and  such 
Clerk  shall  then  mark  on  the  duplicate  and  strike » out 
from  the  same  all  such  names  of  persons  so  reported 
to  have  paid  their  taxes,  and  shall  also  report  such  ac- 
tion to  the  Common  Council. 

Sec.  10.  Such  Collector  shall  also,  annually,  * on  the 
Tuesday  succeeding  the  first  Monday  in  March  of  each 
year  make  out,  file  and  return  to  the  City  Clerk  a list 
of  all  persons  remaining  delinquent  for  taxes,  as  also  a 
hst  of  real  estate  advertised  and  sold  by  him  for  delin- 
quent tax,  and  he  shall  also  file  a copy  of  such  list  with 
the  City  Treasurer,  duly  verified,  and  such  Clerk  shall 
make  out  a copy  of  such  delinquent  list  for  the  use  of 
the  Collector,  and  any  persons  paying  taxes  on  such 
delinquent  list  shall  file  the  Collector’s  receipt  in  the 
office  of  the  Clerk,  who  shall  then  give  a quietus  to  the 
person,  and  make  a registry  of  all  such  receipts,  and 
charge  such  Collector  with  the  amount  thereof.  . 

Sec.  11.  The  Clerk’s  fees,  for  work  performed  by  him 
under  this  ordinance,  shall  be  as  follows  : 

Making  duplicate,  per  100  words,  and  counting  three  fig- 


ures as  one  word • 12>£  cents  per  100 

Each  certificate  and  seal 50  cents. 

Each  assessment 25  cents. 

Each  quietus  and  registering  receipt 1 10  cents 


CITY  OF  EVANSVILLE. 


141 


And  no  other,  fees  shall  be  allowed  the  Clerk  or  Col- 
lector for  any  official  services  as  prescribed  in  this  ordi- 
nance. 

Sec.  12.  All  ordinances  in  conflict  with  any  provi- 
sions of  the  foregoing  sections  be  and  the  same  are 
hereby  repealed. 

E.  G.  VAN  RIPER,  Mayor,  ad  interim . 

Attest:  .William  Helder,  Clerk. 


AN  ORDINANCE  in  relation  to  Fire  Escape  Ladders. 

[Passed  November  28, 1870.) 

1.  Provision  for  protection  of  Fire  Escape  Ladders. 

2.  Penalty  for  violation  of  provisions  of  this  ordinance. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 

City  of  Evansville , That  in  all  cases  where  any  person, 

^ * 

firm  or  joint  stock  company  may  erect  a permanent 
fire  escape  ladder  or  ladders  within  said  city,  as  a pre- 
cautionary measure  against  fires  and  accidents  resulting 
therefrom,  such  fire  escape  ladder  or  ladders  shall,  in 
case  of  fire  upon  the  premises  upon  which  they  are 
ereeted,  or  in  the  immediate  vicinity  thereof,  be  for  the 
sole  use  and  convenience  of  the  fire  department  of  said 
city,  but  in  all  other  cases,  and  at  all  other  times,  it 
shall  be  unlawful  for  any  person  or  persons  to  ascend 
or  attempt  to  ascend  such  fire  escape  ladder  or  ladders, 
or  deface,  injure  or  interfere  with  the  same,  without 
the  knowledge  and  express  consent  of  the  owner  or 
owners  thereof. 

Sec.  2.  Any  person  violating  any  of  the  provisions  of 
this  ordinance  shall,  on  conviction,  forfeit  and  pay  not 
less  than  five  nor  more  than  ten  dollars  for  everv  such 
offense. 

WILLIAM  BAKER,  Mayor. 
Attest:  William  Helder,  Clerk. 


142 


GENERAL  ORDINANCES 


AN  ORDINANCE  In  relatloi^to  nine-pin  and  ten-pin  alleys,  and  billiard 
/ and  bagatelle  tables. 

[Passed  July  23,  1859.] 

(Published  and  in  force  July  25, 1859.) 

1.  Billiard  tables  and  bowling  alleys  not  to  be  kept  without  license. 

2.  Price  of  license.  • 

8.  License  how  issued ; bon$  to  be  given. 

4.  Two  tracks  under  same  roof  require  separate  licenses. 

5.  Saloon  or  Upwling  alley  to  be  closed  on  Sundays. 

6.  License  to  be  procured  for  each  table. 

7.  Boys  not  to  be  allowed  to  frequent. 

8.  Penalty. 

9.  Kinds  of  tables  include  d.  . . v ■ 

10.  Repeal.  ^ % 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  it  shall  not  Jie  lawful 
for  the  owner,  keeper,  occupier,  or  j^ssessoj* *  of  any  nine 
or  ten-pin  or  howling  alley,  or  of.  any  billiard  or  baga- 
telle table,  within  said  city,  to  suffer  or^allow  the- same 
to  be  used  for  hire  or  reward  of  any  description  or  kind- 
whatever,  until  a license  so  to  use  such  alley  or  table 
shall  have  been  obtained  according  to  the  provisions  of 
this  ordinance.  ' ’ . 

Sec.  2.  The  price  of  a license  to  keep  or  .use  auy  such, 
nine  or  ten-pin  or  bowling  allejr  shall  be  £fty  dollars  for 
one  year  or  any  shorter  period,*  and  the  price  of  a license 
to  keep  or  use  any  such  billiard  or  bagatelle  table  shall 
be  fifty  dollars  for  one  year  or  a’ny  shorter  period  ; and 
no  license  shall  be  granted  under  this  ordinance  for  any 
period  less  than  the  time  intervening  <between  the  time 
of  the  application  and  the  first  daj  ofi  August  next 
succeeding.*  • *• 

Sec.  3.  Every  person  wishing  to  obtain  a license  under 
this  ordinance  shall  pay  the  price  thereof  to  the  Treas- 
urer of  the  city,  and  take  his  receipt  therefor,  which  * 
receipt  shall  be  filed  in  the  Clerk’s  office;  and  upon  the 
filing  of  the  said  receipt,  the  Clerk'  shall  charge  the 
Treasurer  with  the  amount  thereof,  and  shall  make  out 
and  attest  a license,  which  shall  be  signed  by  the  Mayoiv 
and  delivered  to  the  applicant ; but  before  the  Mayor 

*The  price  of  a license  fora  bagatelle  table  re'ducedto  t&n  dollars.  See  post* 
The  price  of  a license  for  a billiard  table  reduced  to  tRirty  dollars.  See  post . 

* The  price  of  a license  tor  a billiard  i able  reduced  to  fifteen  dollars.  See  post * 


CITY  OF  EVANSVILLE. 


148 


sliall  sign  any  such  license,  the  applicant  therefor  shall 
execute  a bond,  with  security  to  be  approved  by  the 
Mayor,  in  the  penal  sum  of  two  hundred  dollars,  paya- 
ble to  the  city  of  Evansville,  and  conditioned  that  no 
gaming  or  disorderly  conduct  of  any  description  shall 
be  suffered  or  permitted  in  or  about  such  nine  or  tempin 
or  bowling  alley,  or  in  or  about  the  room  .or  place  in 
which  such  billiard  or  bagatelle  table  may  be  k$pt,  or 
in  or  about  the  premises  occupied  by  the  owner  or 
keeper  o£  sueh  alle,y  pr  table,  and  conditioned  further 
that  the  personjicensed  will  observe,  abide  by,  keep,  and 
performiall  the  provisions  and  requirements  of  this  ordi- 
nance, and  that*  he  and  his  sureties  will  be  responsible 
to  said  city ‘for  each  and  every  violation  of  the  forego- 
ing .conditions*  b'y  any  and  all  persons  in  or  upon  the 
premises  occupied  b^  him,  and  that  he  will  in  all  things 
conform  to  such  rules  and  regulations  as  are  or  may  be 
established  by  the  Confmon  Council  relative  to  such 
tables  or  alleys. 

«Sec. ;4.,  ”W*hen£ver  two  or  more  tracks  of  any  nine  or 
ten-pin  err  howling  alley  shall  be  erected  or  kept  under 
the  same  roof  or  TYithin  'the  same  enclosure,  each  track 
shall  be  deemed*  and  taken  to  be  a separate  alley  under 
the,  provisions  of  this  ordinance,  and  shall  require  a sep- 
arate license.  . 

Sec.  5.  Every  "such  nine  or  'ten-pin  or  bowling  alley, 
a3  well  as  Qveryf^room,  saloon,  or  place  in  which  any 
such  billiard  or  bagatelle  table  shall  be  kept  or  used, 
shall  be  closed  at  or  before  twelve  o’clock  (midnight) 
every  Saturday  night,  and  shall  remain  closed  until  five 
o’clock  a.  m.  on  the  Monday  jiext  succeeding  ; and  be- 
tween the  hours  aforesaid  it  shall  not  be  lawful  for  the 
owner,  possessor,  or"  keeper  of  such  alley  or  table  to 
allow  or  suffer  the  sarne  to  be  played  upon  or  used,  or 
to  keep  the  room  or  place  in  which  the  same  may  be’ 

situated  open  for  visitors,  nor  shall  it  be  lawful  between 
said  hours  for  any  person  or  persons  whomsoever  to  use 
or  play  upon  such  alley  or  table. 


144 


GENERAL  ORDINANCES 


Sec.  6.  Whenever  the  owner,  keeper,  or  possessor  of 
any  billiard  or  bagatelle  table  contemplated  by  this 
ordinance  shall  own,  keep,  or  possess  more  than  one 
such  table,  a separate  license  must  be  procured  for  each 
•&n,d  every  table ; and  where  such  owner,  keeper,  or 
possessor  shall  have  a license  for  one  or  more  such  table 
or  tables,  it  shall  not  be  lawful  for  him  to  keep  or, allow 
to  remain  in  the  same  room,  or  in  or  upon  or  about  the 
same  premises  where  such  licehsed  table  or  tables  may 
. be  kept  any  additional  or  unlicensed  billiard  or  bagatelle 
table. 

Sec.  7.  It  shall  not  be  lawful  for  the  keeper,  owner, 
occupier  or  possessor  of  any  nine  or  ten-p‘in  or  bowling 
alley,  or  billiard  or  bagatelle  table,  licensed  under  the 
provisions  of  this  ordinance,  to  suffer,  fallow,  or  permit 
any  boy  or  boys  under  the  age  of  eighteen  years,  except 
such  boy  or  boys  as  it  may  be  necessary  to  employ’ to 
set  up  pins  in  such  alley,  to  visit  o^  remain  in  any  such 
alley,  or  in  the*  room  or  place  in  which  any  such  table 
may  be  kept,  or  to  use  or -play  upon  such  alley  or  table. 

Sec.  8.  The  owner,  keeper,  occupier,  or  possessor  of 
any  nine  or  ten-pin  or  bowling  alley,  of  billiard  or  bag- 
atelle table,  who  Shall'  violate  any  provision  of  this 
ordinance,  shall,  for  every  such  offence  forfeit  and  pay 
any  supa  not  less  than  five  dollars  nor  more  than  one 
hundred  dollars,  in  addition  to  any  liability  which  may 
thereby  accrue  on  his  bond;  and  any  other  person  who 
shall  violate  any  provision  of  this  ordinance  shall  for 
every  such  offence  forfeit  and  pay  any  sum  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars. 

Sec.  9.  The  several  provisions  of  this  ordinance  rela- 
tive to  billiard  tables  shall  be  held  and  construed  to 
include  all  billiard  'tables  of  whatever  kind,  whether 
with  or  without  pockets. 

Sec.  10,  All  ordinances  heretofore  passed  and  now  in 
force  on  the  subject  of  nine  or  ten-pin  or  bowling  alleys, 
and^bibiard  or  bagatelle  tables,  are  hereby  repealed; 
but  such  repeal  shall  not  effect  any  license  granted  or 
any  bond  given  under  such  ordinance;  nor  shall  such 


CITY  OF  EVANSVILLE. 


145 

repeal  prevent  the  collection  of  any  penalty  heretofore 
incurred  under  such  ordinance.  * 

W.  BAKER,  Mayor. 

•Attest : P.  Burke,  Clerk.  •. 

AN  ORDINANCE  to  reduce  the  price  of  a license  to  keep  a bagatelle  table. 

[Passed  August  11,  1859.] 

» t 

Section  1.*  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  price  of  a license  for  each 
bagatelle  table  shall,  from  and  after  the  passage  of  this 
ordinance,  be  ten  dollars  for  one  year  or  for  any  shorter 
period. 

W.  BAKER,  Mayor. 

Attest:  B.  Burke,  Clerk. 

' ♦ 

AN  ORDINANCE  to  reduce  the  price  of  license  for  keeping  billiard  tables. 

[Passed  August  27,  1859.] 

Section  1.  Be  it  drdained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  price  of  a'  license  for  a 
billiard  table  shall,  from,  and  after  the  passage  of  this 
ordinance,  be  thirty  dollars  for  one  year  or  for  any 
shorter  period. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk.  * 

* 

AN  ORDINANCE  to  reduce  the  price  of  license  of  nine  and  ten-pin  alleys 

[Passed  May  5,  I860.] 

[Published  and  in  force  May  17,  I860.] 

1.  Price  of  license ; penalty. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  from  and  after  the  first  day  of 
August,  1860,  the  price  of  a license  for  each  nine  or 
ten-pin  alley  shall  be  thirty  dollars  for.  one  year  or  any 
shorter  period  of  time:  Provided , however , That  if  the 
keeper  of  any  nine  or  ten-pin  alley  shall  fail  to  pay  the 
license  therefor  for  ten  days  from  the  time  the  same 
ought  to  be  paid,  the  price  of  license  for  the  same  shall 

19 


146 


GENERAL  ORDINANCES 


be  thirty-five  dollars  for  one  year  or  any  shorter  period, 
and  five  dollars  shall  be  added  to  the  price  of  license  for 
each  nine  or  ten-pin  alley  for  every  additional  ten  days 
that  the  keeper  thereof  shall  fail  to  pay  the  license 
therefor. 

Sec.  2.  That  five  dollars  shall  be  added  to  the  price  of 
the  license  of  each  billiard  table,  if  the  keeper  of  the 
same  shall  fail  to  pay  the  license  therefor  for  ten  days 
from  the  time  the  same  is  due  and  payable;  and  that 
five  dollars  shall  be  added  to  the  price  of  the  license  for 
eg,ch  table  for  every  additional  ten  days  that  the  keeper 
thereof  shall  fail  to  pay  the  same. 

W.  BAKER,  Mayor. 

Attest:  P.  Burke,  Clerk. 

AN  ORDINANCE  in  relation  to  Jenny-Lind  tables,  pigeon-hole  tables,  and 
all  other  tables  upon  which  games  are  played  with  sticks  or  balls,  either 
for  amusement,  gain  or  reward. 

[Passed  November  21,  1863.] 

[Published  and  in  force  November  25, 1863.] 

1.  Certain  tables  not  be  used  without  license. 

2.  Price  of  license. 

3.  License,  how  procured. 

4.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  it  shall  not  be  lawful 
for  the  owner,  keeper,  or  possessor  of  any  Jenny-Lind 
table,  pigeon-hole  table,  or  any  other  table  upon  which 
games  are  played  with  sticks  or  balls,  either  for  amuse- 
ment, gain  or  reward,  to  suffer  or  allow  the  same  to  be 
used  for  hire  or  reward  of  any  description  or  kind  what- 
ever, or  for  the  purpose  of  deciding  or  determining  who 
of  two  or  more  persons  shall  be  liable  to  pay  for  any 
refreshments  or  other  article,  until  a license  so  to  use 
such  table  shall  have  'been  procured  according  to  the 
provisions  of  this  ordinance. 

►Sec.  2.  The  price  of  a license  so  to  use  such  table 
shall  be  ten  dollars  for  one  year  or  any  shorter  period, 
and  no  license  shall  be  granted  under  this  ordinance  for 
any  period  less  than  one  year,  or  less  than  the  time  in- 


CITY  OF  EVANSVILLE. 


147 


tervening  between  the  time  of  making  the  application 
and  the  first  day  of  August  next  ensuing:  Provided , 
That  any  person  or  persons  now  owning,  keeping,  or 
possessing  any  such  table,  and  wishing  to  procure  a 
license  to  use  the  same,  may  make  application  for  such 
license  at  any  time  on  or  before  the  15th  day  of  De- 
cember, 1863, 

Sec.  3.  Any  person  or  persons  wishing  to  procure  a 
license  under  this  ordinance,  shall  pay  the  price  thereof 
to  the  city  Treasurer  and  take  his  receipt  therefor,  which 
receipt  shall  be  filed  with  the  city  Clerk,  who  shall 
thereupon  make  out  and  attest  a license,  which  shall  be 
signed  by  the  Mayor  and  delivered  to  the  applicant. 

Sec.  4.  Any  person  or  persons  who  shall  violate  any 
provision  of  this  ordinance,  shall  for  every  such  violation 
forfeit  and  pay  any  sum  not  less  than  fifteen  nor  more 
than  fifty  dollars. 

W.  BAKER,  Mayor. 

Attest : A.  Pfafflin,  Clerk. 

AN  ORDINANCE  to  reduce  the  prices  of  license  for  billiard  tables. 

[Passed  August  16, 1866.] 

Section  1.  Beit  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  from  and  after  the  passage  of 
this  ordinance,  the  price  of  a license  for  keeping  a 
billiard  table  shall  be  fifteen  dollars  for  one  year,  or 
any  shorter  period. 

WILLIAM  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  to  regulate  the  depositing  of  building  materials  in  the 
streets  of  the  city. 

[Passed  September  10,  1853.] 

[Published  and  in  force  September  15,  1853.  ] 

1.  How  building  materials  maybe  deposited  in  streets;  gutters  not  to  be 

obstructed. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  it  shall  be  lawful  for  any  per- 


148 


GENERAL  ORDINANCES 


son  engaged  in  the  erection  of  anj  building  to  occupy, 
for  a reasonable  time,  as  a depository  for  the  materials 
to  be  used  in  the  erection  of  such  building,  one-half  of 
the  width  of  the  street  opposite  to  the  site  of  such 
building;  but  where  two  buildings  shall  be  in  course  of 
erection  at  the  same  time  opposite  to  each  other,  on  the 
same  street,  then  the  owner  or  person  engaged  in  the 
erection  of  each  of  said  buildings  shall  only  be  entitled 
to  occupy,  as  aforesaid,  one-fourth  of  the  width  of  the 
street;  but  nothing  herein  contained  shall  authorize  the 
obstruction  of  any  of  the  gutters  of  said  city. 

Sec.  2.  Any  person  who  shall  obstruct  any  street  or 
gutter  of  the  city  with  building  materials  contrary  to 
the  provisions  of  the  last  section,  shall  for  every  such 
offence  forfeit  and  pay  not  more  than  fifty  dollars  nor 
less  than  one  dollar. 

JOHN  S.  HOPKINS,  Mayor.  / 

Attest : George  H.  Todd,  Clerk. 


AN  ORDINANCE  for  the  regulation  and  protection  of  turn-table  or  pivot 

bridges. 

[Passed  November  12,  1859.] 

[Published  and  in  force  November  14, 1S59.] 

1.  Pivot  bridges  must  not  be  left  open. 

2.  Must  not  be  opened  or  closed  by  animal  power. 

3.  Inscription  must  not  be  defaced. 

4.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  any  person  or  persons 
may  have  occasion  to  opeu  any  of  the  turn-table  or  pivot 
bridges  within  the  city,  for  the  purpose  of  passing  any 
boat,  or  for  any  other  purpose,  it  shall  be  the  duty  of 
such  person  or  persons  to  close  the  same  immediately. 

Sec.  2.  It  shall  not  be  lawful  for  auy  person  or  per- 
sons to  attach  or  hitch  any  horse,  mule,  ox,  or  other 
animal  to  the  lever  or  to  any  other  pgrt  of  any  of  said 
bridges,  for  the  purpose  of  opening  or  closing  the  same, 
or  in  any  manner  to  open  or  close  any  such  bridge  by 
such  animal  power. 


CITY  OF  EVANSVILLE. 


149 


Sec.  3.  It  shall  not  be  lawful  for  any  person  or' per- 
sons to  injure,  deface,  destroy  or  remove  any  index  or 
inscription  which- the  Common  Council  may  cause  to  be 
placed  upon  any  such  bridge. 

Sec.  4.  Every  person  who  shall  neglect  any  of  the^ 
duties  prescribed  by,  or  violate  any  of  the  provisions  of 
this  ordinance,  shall  for  every  such  neglect  or  violation, 
forfeit  and  pay  not  less  than  five  nor  more  than  fifty 
dollars 

WILLIAM  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 

AN  ORDINANCE  for  the  protection  and  government  of  Oak  Hill  Cemetery.'1 

[Passed  May  19,  1856.] 

1.  Rules  to  be  observed  by  sexton : 

First — Record  to  be  kept. 

Second— No  interment  without  certificate. 

Third— Physician’s  certificate. 

Fourth— Coroner’s  certificate. 

Fifth— Mayor’s  certificate. 

2.  Duty  of  members  of  Board  of  Health. 

3.  Fences;  their  description  and  height. 

4.  Penalty. 

5.  Fences  heretofore  erected  to  be  made  to  conform  to  this  ordinance. 

6.  Hunting,  &c.,  in  cemetery  prohibited ; penalty. 

/ 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  sexton  of  Oak  Hill  Cem- 
etery shall  observe  the  following  rules  in  making  or 
permitting  interments  in  said  cemetery : 

First.  He  shall,  as  far  as  practicable,  ascertain  and 
make  a record  of  the  name,  age,  last  place  of  residence, 
nativity,  time  and  cause  of  death  of  every  person  whose 
remains  may  be  offered  for  burial  in  said  cemetery. 

Second.  The  sexton  shall  not  suffer  or  permit  the 
corpse  of  any  person  to  be  interred  in  said  cemetery 
without  a certificate  stating  the  cause  of  the  death  of 
such  person,  from  some  one  of  the  persons  authorized 
by  this  ordinance  to  give  such  certificate. 

Third.  Whenever  the  deceased  shall  have  had  an  at- 
tending physician  during  his  or  her  last  illness,  such 
certificate  shall  be  from  such  attending  physician ; but 

’"Extended  to  Locust  Hill  Cemetery.  See  li  a ances  of  September  20,  1859 
—post,  page  110. 


150 


GENERAL  ORDINANCES 


if  there  shall  be  no  attending  physician,  then  such  cer- 
tificate shall  be  from  the  Board  of  Health  or  from  some 
member  thereof.  Whenever  the  corpse  shall  have  beeu 
landed  from  a steamboat,  canal-boat,  or  other  vessel, 
such  certificate  shall  be  from  the  master,  captain  or 
clerk  thereof. 

Fourth . Whenever  an  inquest  shall  be  held  on  the 
body  ottered  for  burial,  the  certificate  of  the  coroner,  or 
other  officer  acting  as  coroner,  setting  forth  in  substance 
the  finding  of  the  jury,  shall  be  a sufficient  certificate 
under  the  requirements  of  this  ordinance. 

Fifth . If  the  Mayor  of  the  city,  after  a careful  inquiry 
into  the  facts,  shall  be  satisfied  that  from  any  cause  the 
certificate  required  by  this  ordinance  cannot  be  obtained, 
he  may  give  the  sexton  a statement  in  writing,  setting 
forth  the  reason  why  such  certificate  cannot  be  obtained, 
and  such  statement  shall  be  a sufficient  authority  to 
justify  the  interment. 

Sec.  2.  Whenever  it  shall  be  reported  by  the  sexton, 
or  by  any  other  person,  to  any  member  of  the  Board  of 
Health,  that  a person  whose  body  may  be  offered  for 
burial  had  no  attending  physician  during  his  or  her  last 
illness,  it  shall  be  the  duty  of  such  member  of  the  Board 
of  Health  immediately  to  inquire  into  the  cause  of  the 
death  of  such  person,  and  give  the  certificate  contem- 
plated bj  this  ordinance. 

Sec.  3.  The  following  rules  shall  be  observed  in  the 
erection  of  fences  within  said  cemetery,  to-wit : 

First . Every  fence  within  said  cemetery,  or  enclosing 
any  lot  therein,  shall  be  an  open  fence,  so  that  the  view 
from  without  may  not  be  obstructed. 

Second . Ho  fence  constructed  of  wood  shall  be  more 
than  two  and  a half  feet  high,  and  the  spaces  between 
the  slats  or  bars  shall  not  be  less  than  ten  inches  wide. 

Sec.  4.  Any  person  who  shall  erect  any  fence  in  said 
cemetery  in  violation  of  the  last  section,  shall  forfeit 
and  pay  any  sum  not  less  than  five  nor  more  than  ten 


CITY  OF  EVANSVILLE. 


151 


dollars ; and  the  sexton  shall  moreover  remove  any 
fence  which  may  hereafter  be  erected  in  violation  of 
this  ordinance. 

Sec.  5.  In  all  cases  in  which  any  fence  shall  have 
been  heretofore  erected  in  said  cemetery,  and  does  not 
conform  in  its  structure  to  the  requirements  of  this  or- 
dinance, it  shall  be  the  duty  of  the  owner  or  claimant 
of  the  lot  or  lots  enclosed  by  such  fence,  within  ninety 
days  from  the  first  publication  of  this  ordinance,  to  so 
alter  such  fence  as  to  make  it  conform  to  the  require- 
ments of  this  ordinance,  and  on  failure  so  to  do,  such 
owner  or  claimant  shall  be  subject  to  the  penalty  men- 
tioned in  the  last  section,  and  such  fence  mav  be  re- 
moved  by  the  sexton. 

Sec.  6.  It  shall  not  be  lawful  for  any  person  to  hunt 
or  to  drive  or  chase  any  game  within  the  enclosure  of 
said  cemetery,,  or  to  shoot  or  discharge  any  firearms 
therein,  or  to  ride  or  drive  any  horse  or  other  animal 
over,  upon  or  across  any  lot  in  said  cemetery,  or  to 
hitch  or  fasten  any  horse  or  other  animal  to  any  tree  in 
said  cemetery,  or  to  the  fence  enclosing  any  lot  therein, 
or  to  deface,  pencil,  desecrate  or  otherwise  defile  or  in- 
jure any  monument,  tomb-stone  dr  grave-stone  in  said 
cemetery,  or  to  injure  or  destroy  any  tree,  shrubbery  or 
plant  in  said  cemetery  ; and  any  person  violating  any 
provision  of  this  section  shall  forfeit  and  pay  any  sum 
not  less  than  one  dollar  nor  more  than  one  hundred 
dollars.  J OHN  HE  WSON,  Mayor. 

Attest:  Well,  H.  Walker,  Clerk. 


AN  ORDINANCE  to  extend  to  Locust  Hill  Cemetery  the  provisions  of  an  or- 
dinance passed  May  19,  1856,  entitled  “An  ordinance  for  the  government 
and  protection  of  Oak  Hill  Cemetery.” 

[Passed  September  20,  1859.] 

[Published  and  in  force  September  21, 1859.] 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  the  provisions  of  the  ordinance 


152 


GENERAL  ORDINANCES 


mentioned  in  the  title  of  this  ordinance,  be  and  the 
same  are  hereby  extended  to  Locust  Hill  Cemetery ; 
and  all  the  provisions  of  said  ordinance  shall,  from  and 
after  the  passage  of  this  ordinance,  apply  to  the^said  last 
mentioned  cemetery,  as  fully  as  if  the  same  were  re-en- 
acted, and  the  words  “Oak  Hill  Cemetery”  erased 
wherever  they  occur  in  said  ordinance,  and  the  words 
“Locust  Hill  Cemetery”  inserted  in  their  place. 

* WILLIAM  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


A SUPPLEMENT  to  an  ordinance  passed  May  19, 1856,  entitled  “An  ordi- 
nance for  the  protection  and  government  of  Oak  Hill  Cemetery .” 

[Passed  March  17,  I860.] 

[Published  and  in  force  March  22,  I860.] 

1.  Dilapidated  fences  to  be  removed. 

2.  Funeral  processions  must  follow  route  indicated  by  the  sexton. 

3.  Gate  to  be  kept  .closed.  . 

4.  Penalty. 

Section  1.  Beit  ordained  by  the  Common  Council  of  the 
City  of  Evansville,' . That  whenever  any  fence,  enclosing 
any  lot  in  said  cemetery,  falls  down  from  decay,  or  be- 
comes so  dilapidated  as- to  be  useless  or  unsightly,  it 
shall  be  the  duty  of  the  owner  of  the  lot  enclosed  by 
such  fence  to  cause  the  same  to  be  repaired  or  recon- 
structed, and  upon  failure  to  .do  so,  the  sexton  of  said 
cemetery  shall  remove  such  decayed  or  dilapidated 
fence : Provided , That  no  fence  shall  he  removed  by 

the  sexton  in  pursuance  of  the  provisions  of  this  ordin- 
ance, until  the  committee  of  the  Common  Council  on 
cemeteries  shall  order  its  removal. 

Sec.  2.  That  all  funeral  processions  entering  said 
cemetery  shall  follow,  the  route  which  may  be  indicated 
by  the  sexton,  or  any  person  who  may  he  acting  as  his 
assistant,  and  all  the  carriages  in  suclTprocession  shall 
follow  the  route  taken  by  the  front  of  the  procession  ; 
and  upon  leaving  the  cemetery,  all  the  carriages  shall 


CITY  OF  EVANSVILLE. 


153 


take  such  route  as  will  enable  them  to  leave  without 
driving  over,  upon  or  across  any  lot  in  said  -cemetery. 

Sec.  3k  It  shall  be  unlawful  for  any  person  or  per- 
sons going  to  or  coming  from  said  cemetery,  to  leave  the 
gate  thereof  open,  but  every  person  having  occasion  to 
pass  said  gate,  shall  immediately  close  the  same. 

Sec.  4.  Any  person  violating  any  provision  of  the 
second  or  third  sections  of  this  ordinance,  shall  for  ev- 
ery such  offence  forfeit  and  pay  any  sum  not  less  than 
one  nor  more  than  ten  dollars. 

"W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


A FURTHER  SUPPLEMENT  to  an  ordinance  passed  May  lg,  1856,  entitled 

“An  ordinance  for  the  protection  and  government  of  Oak  Hill  Cemetery.” 

'[Passed  March  18,  1864.] * 

[Published  and  in  force  March  23,  186-1.] 

1.  No  horse  or  other  animal  permitted  in  cemetery,  except  such  as  are  in 

funeral  processions. 

2.  Large  gates  to  he  kept  closed  and  fastened. 

3.  Penalty.  . 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  it  shall  be  unlawful 
for  any  person  or  persons  to  ride  or  lead  any  horse  or 
other  animal  within  the  enclosure  of  Oak  Hill  Cemetery, 
or  Locust  Hill  Cemetery,  nor  shall  any  horse  or  other 
animal  be  permitted  within  the  enclosure  of  either  of 
said  cemeteries,  except  such  animals  as  may  be  used  in 
drawing  vehicles  attending  funeral  processions,  and 
such  as  may  be  required  in  repairing  the  roads  and 
managing  said  cemeteries  respectively. 

Sec.  2,  That  it  shall  be  the  duty  of  the  sextons  of 
said  cemeteries  respectively  to  keep  the  large  gates  of 
said  cemeteries  closed  and  fastened,  and  to  cause  the 
same  to  be  opened  only  for  the  purpose  of  admitting 

20 


154 


GENERAL  ORDINANCES 


funeral  processions  and  such  vehicles  as  may  be  re- 
quired to  pass  within  said  enclosure  for  the  purpose  of 
preparing  for  interments,  or  keeping  said  cemeteries  in 
repair. 

Sec.  3.  Any  person  or  persons  violating  any  provis- 
ion of  this  ordinance,  shall,  on  conviction,  forfeit  and 
pay  any  sum  not  exceeding  ten  dollars. 

W.  BAKER,  Mayor. 

Attest : A.  Pfafflin,  Clerk. 


AN  ORDINANCE  concerning  dogs,  hogs,  and  other  animals.* 

[Passed  September  13,  1859.]  * 

(Published  and  in  force  September  19, 1859.) 

1.  All  dogs  to  be  reported  to  Assessor  for  taxation. 

2.  Dogs  running  at  large  must  wear  collar,  with  owner’s  name  marked 

thereon. 

3.  Dogs,  how  returned  and  taxed  after  return  of  assessment  roll. 

4.  Collar  must  not  be  removed. 

5.  Council  may  order  dogs  to  be  confined. 

Council  may  prohibit  persons  from  bringing  dogs  to  the  city.  Duty  of 
Marshal. 

6.  Order  of  Council ; how  to  be  published. 

7.  Bitches  not  permitted  to  run  at  large.  Duty  of  Marshal. 

8.  Dogs  running  at  large  contrary  to  this  ordinance  may  be  killed.  Duty  of 

Marshal. 

9.  Penalty. 

10.  Hogs  not  permitted  to  run  at  large ; penalty. 

11.  Hogs  running  at  large  to  be  Impounded  and  sold  by  the  Marshal. 

12.  Fees  of  Marshal. 

13.  Impounded  animals  may  be  redeemed ; when . 

14.  City  not  liable  for  fees. 

15.  Proceeds  of  animals  sold,  how  disposed  of. 

16.  Repeal. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , &c. 

[Sections  1,  2,  4,  5,  6 and  8 repealed.  See  post.] 

Sec.  3.  Should  any  person  become  the  owner  of  any 
dog  or  bitch  after  the  return  of  the  assessment  roll, 
such  person  shall  report  such  dog  or  bitch  to  the  Col- 
lector, who  shall  thereupon  place  tlje  same  upon  his 
list  of  dogs  and  bitches  subject  to  taxation,  and  collect 
the  tax  thereon ; and  it  shall  also  be  the  duty  of  such 


*See  ordinance  as  to  markets,  &c.,  passed  December  26,  1859,  for  regulation 
as  to  dogs  in  the  markets. 


CITY  OF  EVANSVILLE. 


155 


person  to  put  a collar  marked  witli  the  owner’s  name 
around  the  neck  of  such  dog,  and  cause  the  same  to  be 
securely  fastened  and  kept  around  the  neck  of  such  dog. 

Sec.  7.  It  shall  be  unlawful,  from  and  after  the  pas- 
sage, of  this  ordinance,  under  any  pretence  whatever, 
for  any  person  to  suffer  or  permit  a hitch  to  run  at 
large  within  the  city,  and  if  any  bitch  shall  be  found 
running  at  large  within  the  city,  she  may  be  lawfully 
•killed  by  any  person  ; and  it  shall  be  the  duty  of  the 
Marshal  to  cause  such  bitch  to  be  killed,  if  she  is  not 
killed  by  any  other  person. 

Sec.  9.  Every  person  who  shall  neglect  to  perform 
any  duty  required  of  him  by  the  foregoing  sections  of 
this  ordinance,  or  who  shall  violate  any  of  the  provi- 
sions of  said  sections,  shall  for  every  such  offence  for- 
feit and  pay  not  less  than  one  dollar  nor  more  than  ten 
dollars ; and  all  ordinances  in  relation  to  dogs  and 
bitches  heretofore  enacted  are  hereby  repealed. 

Sec.  10.  That  hereafter  it  shall  not  be  lawful  for  any 
person  to  suffer  or  permit  any  hog,  swine,  pig,  or  goat 
to  run  at  large  within  the  city  ; and  any  person  offend- 
ing against  the  provisions  of  this  section  shall  for  every 
such  offense  forfeit  and  pay  any  sum  not  less  than  one 
dollar  nor  more  than  ten  dollars. 

Sec.  11.  Whenever  any  animal  contemplated  by  the 
last  preceding  section  shall  be  found  running  at  large 
within  the  city,  the  Marshal  shall  (or  any  person  who 
may  be  annoyed  by  such  animal  may)  seize  the  same, 
and  it  shall  be  the  duty  of  the  Marshal  to  impound 
such  animal  in  some  convenient  place  to  be  provided 
for  that  purpose,  where  the  same  shall  be  kept  until  it 
is  sold  under  the  provisions  of  this  ordinance.  All 
sucb  sales  shall  be  at  public  auction,  and  may  be  on  any 
day  of  the  week  (Sundays  excepted),  commencing  at 
four  o’clock  p.  M. 

Sec.  12.  The  Marshal,  for  impounding  each  hog,  pig, 
or  goat,  shall  be  allowed  fifty  cents,  and  for  selling  the 


156 


GENERAL  ORDINANCES 


same  twenty-five  cents,  to  be  paid  out  of  the  proceeds 
of  the  sale  of  such  animal  (or  hy  the  owner  thereof,  if 
the  same  is  redeemed  before  sale),  and  not  otherwise. 

Sec.  13.  The  owner  of  any  animal  which  may.  be  im- 
pounded under  this  ordinance  may,  at  any  time  before 
the  sale  thereof,  redeem  such  animal  from  sale  hy  pay- 
ing to  the  Marshal  the  minimum  penalty  prescribed  by 
the  tenth  section  of  this  ordinance,  together  /with  the 
Marshal’s  fee  for  impounding  such  animal. 

Sec.  14.  The  city  shall  not  in  any  event  be  liable  for 
the  Marshal’s  fees  for  impounding  or  selling  any  ani- 
mal under  this  ordinance. 

Sec.  To.  The  surplus  arising  from  the  sale  of  any 
such  animal,  after  paying  the  Marshal’s  costs  and  the 

minimum  peualty  aforesaid,  shall  he  paid  into  the  city 

* 6 

treasury,  and  shall  be  paid  out  to  the  owner  of  the  ani- 
mal whenever  the  Council  (upon  being  satisfied  as  to-* 
who  was  the  owner)  shall  so  order  and  direct. 

Sec.  16.  All  ordinances  heretofore  passed -in  relation 
to  the*  animals  enurfterated  in  the  tenth  section  ot  this 
ordinance,  and  all  ordinances  in  relation  to'fov^ls,  are 
hereby  repealed. 

W.  BAKER,  Mayor. 

Attest:  P.  Burke,  Clerk.' 


AN  ORDINANCE  concerning  dogs. 

[Passed  April  22,  1867.] 

Section  1.*  Beit  ordained  by  t /«.  Common  Council  of  Vie 
city  of  Eronsville,  That  from  and  after  the  15tli  day  of 
May,  A.  JD.  1867,  it  shall  be  unlawful  for  any  person  or 
persons  to  own,  possess,  or  harbor,  or  to  ^iaye  the  care 
of  any  animal  of  the  dog  kind  within*  said  city,  or  -to 

suffer  or  permit  any  animal  of  the  dog  kind  to  run  at 

• 

large  in  any  of  the  streets,  alleys,  public  grounds,  mar- 
kets, market  spaces,  wharves,  or  commons  of  said  city, 
without  first  obtaining  a license  therefor,  and  comply- 
ing with  the  provisions  of  this  ordinance. 


CITY  OF  EVANSVILLE. 


157 


Sec.  2.  The  prrce  of  a license  to  own,  possess,  or 
harbor  any  animal  of  the  dog  kind,  or  to  permit  such 
animal  to  run  at  large  within  said  city,  shall  be  a3  fol- 
lows, viz.:  for  a clog,  for  any  period  not  exceeding  one 
year,  the  sum  of  five  dollars;  and  for  a bitch,  for  any 
period  not  exceeding  one  year,  the  sum  of  ten  dollars: 
Provided , That  a license  for  a bitch  shall  not  be  held  or 
understood  as  a permit  for  such  animal  to  be  allowed 
, to  rutr  at  large,  but  only  as  permission  or  authority  to 
keep  such  animal  ; and  no  license  shall  be  paid  under 
this  ordinance  for  any  period  longer  than  until  the  1st 
day  of  January,  ensuing  the  date  of  such  license. 

Sec.  3.  That'  the  Clerk  shall  issue,  or  cause  to  be  is- 
sued, to  each  applicant,  on  demand,  a written  or  printed 
.license,  whereby  the  dog  or  bitch  owned,  possessed,  or 
. harbored  by  the  applicant  shall  be  licensed  to  be  kept, 
and  permitted  to  run  at  large  within  said  city,  for  the. 
period  of  time  mentioned  in  such  license  : Provided , The 
applicant  for  Such  license, during  such  period,  shall 
fai th ml Jy  observe  and  comply  with  all  the  provisions  of 
this  ordinance,  and  orders  of  the  Common  Council  of 
said  city  relating  to  dogs.  The  Clerk  shall  also  furnish 
and  deliver  to  each  applicant  a check,  of  iron,  brass,  or 
copper,  marked  and  numbered  to  correspond  with  the 
license.  lie  shall  cause  a register  to  be  kept,  in  which 
shalkbe  entered  the  name  of  the  applicant,  the  number 
of  the  license  and  check,  the  amount  paid  therefor,  and 
time  of  expiration  of  the  same.  For  each  license  and 
check  the  applicant  therefor  shall,  at  the  time  of  receiv- 
ing the  same,  deliver  to  the  Clerk  the  receipt  of  the 
Treasurer  for  the  amount  required  to  be  paid  therefor, 
a.s  fixed  by^this  ordinance,  lie  shall  also  pay  to  the 
Clerk  a fee  of  fifty  cents. 

!Sec.  4.  ,T hat  it  shall  be  unlawful  for  any  person  or 
persons  to  own,  possess,  or  harbor,  or  to  have  the  care 
of  any  animal  of  the  dog  kind,  or  to  permit  any  such 
- animal  *to  run  at  large  within  said  city,  without  a sub- 


158 


GENERAL  ORDINANCES 


stantial  collar  of  leather,  iron,  brass,  or  copper,  or  other 
durable  material,  to  which  the  license  check,  referred 
to  in  the  third  section  of  this  ordinance,  shall  be  se- 
curely attached ; and  it  shall  be  unlawful  for  any  per- 
son or  persons  to  suffer  or  permit  any  animal  of  the 
dog  kind  to  wear  any  license  check  other  than  the 
identical  one  issued  by  the  Clerk  for  such  animal , and 
in  case  of  the  loss  of  any  such  check,  a duplicate  may 
be  issued  by  the  Clerk,  at  the  expense  of  the  applicant. 

Sec.  5.  That  it  shall  be  unlawful  for  any  person  or 
persons  to  remove  either  the  collar  or  the  check  from 
any  licensed  animal  of  the  dog  kind,  unless  done  by 
consent  of  the  owner  of  such  animal. 

Sec.  6.  That  it  shall  be  unlawful  for  any  person  or 
persons  owning,  possessing,  or  harboring,  or  having  the 
care  of  a vicious  or  fierce  dog  or  bitch,  to  suffer  or  per- 
mit such  animal  to  be  unconfined  or  run  at  large  any- 
where within  the  limits  of  said  city,  either  with  or 
without  such  license  collar  and  check. 

Sec.  7.  That  it  shall  be  unlawful  for  any  person  or 
persons  to  harbor,  keep  or  permit  about  his  or  their 
premises,  or  elsewhere  within  the  limits  of  said  city 
any  animal  of  the  dog  kind,  which,  by  loud  and  fre- 
quent, or  habitual  barking,  howling,  or  yelping,  shall 
cause  annoyance  or  disturbance  to  the  neighborhood,  or 
any  portion  of  the  inhabitants  of  the  neighborhood  ; 
and  any  person  who  shall  allow  or  permit  any  animal 
of  the  dog  kind  habitually  to  remain  and  be  lodged  or 
fed  within  his  or  her  house,  store,  stable,  or  enclosure, 
shall  be  considered  as  harboring  the  same,  within  the 
meaning  of  this  ordinance. 

Sec.  8.  That  whenever  the  Common  Council  of  said 
city  may  apprehend  that  there  is  danger  of  the  exist- 
ence or  spread  of  hydrophobia  within  or  near  said  city, 
they  may,  by  resolution  or  otherwise^  authorize  or  re- 
quire the  Mayor  to  issue  a proclamation,  ordering  and 
requiring  all  persons  owning,  possessing,  or  harboring. 


CITY  OF  EVANSVILLE. 


159 


or  having  the  care  of  any  animal  of  the  dog  kind,  either 
to  confine  or  muzzle  such  animal,  for  a term  not  less 
than  thirty,  nor  more  than  ninety  days  ensuing  the  date 
of  each  proclamation  ; and  upon  the  issuing  of  such 
proclamation  it  shall  be  the  duty  of  all  persons  owning, 
possessing,  or  harboring,  or  having  the  care  of  any  ani- 
mal of  the  dog  kind,  during  the  time  mentioned  in  such 
proclamation,  to  confine  such  animal  securely  to  his  or 
her  house,  or  outhouse,  storehouse,  or  premises,  so  as 
to  prevent  such  animal  from  biting,  or  being  bitten  by 
other  animals,  or  to  cause  such  animal  to  be  securely 
and  effectually  muzzled ; and  no  muzzle  shall  be  lawful 
unless  it  be  made  of  wire,  and  of  such  form  and  strength, 
and  so  attached  and  fastened,  as  will  effectually  prevent 
such  animal  from  biting;  and  during  the  time  men- 
tioned in  such  proclamation,  any  animal  of  the  dog 
kind  which  may  be  found  running  at  large  within  the 
city  without  being  so  muzzled,  is  hereby  declared  a 
nuisance. 

Sec.  9.  That  it  shall  be  the  duty  of  the  Marshal  and 
Policemen  of  the  city  to  kill  every  auimal  of  the  dog 
kind  found  running  at  large  within  the  limits  of  the 
city,  at  any  time  after  the  said  15th  day  of  May,  18G7, 
without  the  collar  and  license  check  required  by  this 
ordinance ; and  it  shall  be  lawful  for  any  person  or 
persons  to  kill  any  or  all  such  dogs  found  running  at 
large  after  said  time,  without  collar  and  check. 

Sec.  10.  That  upon  the  issuing  of  any  such  proclama- 
tion by  the  Mayor,  in  pursuance  of  the  8th  section  of 
this  ordinance,  it  shall  be  the  duty  of  the  Marshal  and 
Policemen,  respectively,  to  kill  any  animal  of  the  dog 
kind  found  running  at  large  within  the  city,  during  the 
time  mentioned  in  such  proclamation,  without  being 
securely  and  effectually  muzzled,  as  required  by  this 
ordinance ; and  it  shall  be  lawful  for  any  other  person 
or  persons  to  kill  any  and  all  such  unmuzzled  dogs, 
during  such  time. 

Sec.  11.  That  it  shall  be  unlawful  for  any  person  or 


160 


GENERAL  ORDINANCES 


persons  to  cause  or  incite  dogs  to  fight ; and  it  shall  he 
the  duty  of  the  Marshal  and  Policemen  of  the  city  to 
prevent  dog  fights;  and,  for  tins  purpose,  they  may 
kill  any  dog  or  dogs  found  fighting  within  said  city,  if 
they  find  .it  impracticable  otherwise  to  prevent  the 
same. 

Sec.  12.  Any  person  or  persons  owning,. possessing  or 
harboring  any  animal  of  the  dog  kind,  and  permitting 
the  license  check  to  remain. or  be  kept  upon  the  collar 
or  neck  of  such  animal  after  the  expiration  of  the  time 
mentioned  in  the  license  accompanying  such  check,  or 
using  any  false  check,  in  imitation  of  the  check  re- 
quired by  this  ordinance,  shall,  on  conviction,  forfeit 
and  pay  not  less  than  twenty,  nor  more  than  fifty  dol- 
lars. 

Sec.  13.  Any  person  or  persons  owning,  possessing? 
harboring,  or  having  the  care  of  any  animal  of  the  dog 
kind,  without  obtaining  a license  therefor,  and  affixing 
and  keeping  the  collar  and  check  upon  the  neck  of 
• such  animal,  shall,  on  conviction,  forfeit  and  pay* -not 
less  than  ten,  nor  more  than  thirty  dollars. 

Sec.  14.  Any  person  or  persons  neglecting  any  other 
duty,  or  violating  any  provisions  of  this  ordinance, 
shall  forfeit  and  pay  not  less  than  ten,  nor  more  than 
thirty  dollars. 

Sec.  15.  The  first,  second,  third,  fourth,  fifth,  sixth 
and  eighth  sections  of  an  ordinance  concerning  dogs, 
hogs,  and  other  animals,  passed  September  13th,  1859, 
are  hereby  repealed.  W.  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  to  amend  tlie  second  section  of  an  ordinance,  passed  April 
22, 1857,  entitled  “An  Ordinance  Concerning  Dogs.” 

[Passed  December  16,  1867.} 

* Section  1.  Beit  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  from  and  after  the  first  day  of 


CITY  OP  EVANSVILLE. 


161 


January,  1868,  the  price  of  a license  to  own,  possess  or 
harbor  any  animal  of  the  dog  kind,  shall  be  as  follows, 
viz  : for  a dog,  for  any  period  not  exceeding  one  year, 
three  dollars,  and  for  a bitch,  for  any  period  not  ex- 
ceeding one  year,  five  dollars,  instead  of  the  rates  fixed 
by  the  second  section  of  said  ordinance,  of  April  22, 1867. 

WILLIAM  BAKER,'  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 

AN  ORDINANCE  to  amend  “ An  Oidinance  establishing  ten  election  pre- 
cincts within  the  city  of  Evansville,  and  prescribing  the  places  at  which 
the  voters  of  the  several  Wards  shall  vote  at  city  elections,  and  fixing  the 
place  for  the  meeting  of  the  Return  Judges,  and  repealing  former  ordi- 
nances.” 

[Passed  November  9,  1870.] 

1.  Amending  ordinance  of  November  9,  1870 ; describing  the  precincts  and 

designating  places  for  holding  elections. 

2.  Return  Judges  shall  meet  at  Council  Chamber. 

3.  Repeal  of  ordinances  in  conflict. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  an  ordinance,  entitled  as  above, 
passed  by  the  Common  Council,  on  the  9th  day  of  No- ' 
vember,  A.  D.  1870,  be  and  the  same  is  hereby  amended, 
so  as  to  read  as  follows,  to-wit : 

Sec.  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  city  of  Evansville  be  and 
the  same  is  hereby  divided  into  ten  (10)  election  pre- 
cincts, to  be  known  and  designated  as  the  First,  Second, 
Third,  Fourth,  Fifth,  Sixth,  Seventh,  Eighth,  Ninth 
and  Tenth  Precincts  of  the  city  of  Evansville. 

The  First  Precinct  shall  consist  of  the  First  Ward  of 
the  city,  and  the  place  for  holding  city  elections  shall 
be  at  the  store  of  Henry  Kirchof,  on  the  corner  of  Canal 
and  Eighth  streets,  the  same  being  within  said  First 
Ward. 

The  Second  Precinct  shall  consist  of  the  Second 
Ward  of  the  city,  and  the  place  for  holding  city  elec- 
tions shall  be  at  the  store  of  A.  J.  Gillette,  on  the  cor- 
ner of  Fourth  and  Oak  streets,  the  same  being  within 
said  Second  Ward. 


21 


162 


GENERAL  ORDINANCES 


The  Third  Precinct  shall  consist  of  the  Third  Ward 
of  the  city,  and  the  place  for  holding  city  elections 
shall  be  at  the  Court  House,  where  the  Circuit  and 
Common  Pleas  Courts  hold  their  sessions,  on  the  corner 
o^  Main  and  Third  streets,  the  same  being  within  said 
Third  Ward, 

The  Fourth  Precinct  shall  consist  of  the  Fourth 
Ward  of  said  city,  and  the  place  for  holding  city  elec- 
tions shall  be  at  the  residence  of  Philip  Negele,  on  the 
corner  of  Fifth  and  Sycamore  streets,  the  same  being 
within  said  Fourth  Ward. 

The  Fifth  Precinct  shall  consist  of  the  Fifth  Ward 
of  said  city,  and  the  place  for  holding  city  elections 
shall  be  at  the  store  of  John  Dannetell,  on  the  corner 
of  Ingle  and  Market  streets,  the  same  being  within 
said  Fifth  Ward. 

The  Sixth  Precinct  shall  consist  of  all  that  part  of 
the  Sixth  Ward  of  said  city  lying  on  the  east  side  of 
Pigeon  Creek,  and  the  place  for  holding  city  elections 
shall  be  at  the  Engine  House,  situate  on  the  corner  of 
Fourth  and  Walker  streets,  in  that  part  of  Evansville 
formerly  known  as  Lamasco  City,  the  same  being 
within  said  Sixth  Ward. 

The  Seventh  Precinct  shall  consist  of  the  Seventh 
Ward  of  said  city  of  Evansville,  and  the  place  for 
holding  city  elections  shall  be  at  the  store  of  William 
Lerche,  on  the  corner  of  Third  avenue  and  Seventh 
streets,  the  same  being  within  said  Seventh  Ward. 

The  Eighth  Precinct  shall  consist  of  the  Eighth 
Ward  of  said  city,  and  the  place  for  holding  city  elec- 
tions shall  be  at  the  store  of  Charles  Schraeder,  on 
Oakley  street,  between  Sixth  and  Franklin  streets,  the 
same  being  within  said  Eighth  Ward. 

The  Ninth  Precinct  shall  consist  of  the  Ninth  Ward 
of  said  city,  and  the  place  for  holding  city  elections 
shall  be  at  the  Pottery  Warerooms  of  A.  & L.  Uhl,  on 


CITY  OF  EVANSVILLE. 


163 


the  corner  of  Ninth  and  Main  streets,  the  same  being 
in  the  Ninth  Ward. 

The  Tenth  Precinct  shall  consist  of  all  that  part  of 
the  Sixth  Ward  of  said  city  lying  on  the  west  side  of 
Pigeon  Creek,  and  the  place  for  holding  city  elections 
shall  be  at  the  store  of  William  Alexander,  on  the  cor- 
ner of  Fourth  street  and  Ninth  avenue,  (Independence), 
the  same  being  within  said  Tenth  Ward. 

Sec.  2.  On  the  Wednesday  next  succeeding  any  city 
election,  between  the  hours  of  10  o’clock  a.  m.  and  4 
o’clock  p.  m.  of  said  day,  the  Judges  and  Inspectors- of 
the  several  Wards  or  Election  Precincts,  who  hold  the 
certificates  of  the  result  of  any  election  in  said  Wards 
or  Precincts,  shall  meet  at  the  Council  Chamber  of  said 
city,  for  the  purpose  of  comparing  their  certificates  and 
discharging  the  duties  imposed  by  the  several  sections 
of  the  Charter. 

. Sec.  3.  All  ordinances  and  parts  of  ordinances  in 
conflict  with  this  ordinance  shall  be  and  the  same  are 
hereby  repealed. 

E.  G.  VAN  PIPER,  Mayor  ad  interim. 

Attest : William  Helder,  Clerk. 


AN  ORDINANCE  defining  the  limits  within  which  no  frame,  wooden,  or 
other  combustible  building  shall  be  erected,  and  within  which  no  lumber- 
yard or  wood-yard  shall  be  established  or  continued. 

[Passed  April  30,  1859.] 

(Published  and  in  force  May  17, 1859.) 

1.  Fire  limits  defined, 

2.  Certain  structures  prohibited. 

8.  Lumber-yards  prohibited ; proviso. 

4.  Permit  may  be  granted. 

5 and  6.  Penalty. 

7.  Repeal. 

Section  1.*  Be  it  ordained,  by  the  Common  Council  of 
the  City  of  Evansville , That  the  following  portions  of 
the  city  of  Evansville  shall  be  known  and  designated  as 
“ the  fire  limits  of  the  city  of  Evansville,”  to-wit : The 


* Section  1 amended.  See  ordinance  of  March  5, 1866,  Section  1— post. 


164 


GENERAL  ORDINANCES 


whole  of  the  Lower  (or  McGary’s)  Enlargement  of  said 
city,  and  also  so  much  of  said  city  as  is  included  within 
the  following  boundaries,  to-wit : Beginning  at  the 

corner  of  Water  and  Cherry  streets,  and  running  thence 
along  Cherry  street  to  Fourth  street,  thence  along 
Fourth  street  to  Chestnut  street,  thence  along  Chestnut 
street  to  the  canal,  thence  along  the  south-west  side  of 
the  canalto  Division  street,  thence  along  Division  street 
to  Water  street,  and  thence  along  Water  street  to  the 
place  of  beginning. 

Sec.  2.  That  hereafter  no  dwelling-house,  shed, 
kitchen,  store-house,  warehouse,  carpenter-shop,  black- 
smith-shop, or  any  other  house,  building,  or  shed  of 
any  kind  or  description  whatever,  except  the  same  shall 
be  built  of  stone  or  brick,  shall  be  erected,  removed  to, 
or  placed  upon  any  lot  or  lots  or  parcel  of  ground 
within  said  lire  limits,  as  defined  in  the  first  section  of 
this  ordinance. 

- Sec.  3.  That  hereafter  it  shall  not  be  lawful  to  estab- 
lish or  continue,  on  any  lot  or  parcel  of  ground  within 
the  said  fire  limits,  as  defined  by  the  first  section  of  this 
ordinance,  any  lumber- yard  or  wood-yard,  or  to  deposit 
or  keep  for  sale  on  any  such  lot  or  parcel  of  ground 
atfy  wood,  lumber,  boards,  shingles,  or  other  combusti- 
ble materials  : Provided , however , That  any  person  who 
may  now  keep  any  lumber  or  wood-yard  within  said 
fire  limits ’shall  be  allowed  six  months  from  the  publi- 
cation of  this  ordinance  within  which  to  remove  or 
discontinue  the  same;  and  during  that  time  such  per- 
sons shall  not’  be  subject  to  the  penalties  hereinafter 
prescribed  for  continuing  such  lumber  or  wood-yard. 

Sec.  4.  The  Common  Council  may,  by  a vote  of  two- 
thirds  of  all  the  Councilmen,  and  upon  petition,  grant 
any  person  or  persons  permission  to  establish  or  con- 
tinue a lumber-yard  or  wood-yard,  or  to  erect  a wooden 
or  other  combustible  building  within  the  fire  limits 
aforesaid.* 

* See  ordinance  of  May  30, 1863— post. 


CITY  OF  EVANSVILLE. 


165 


Sec.  5.  Any  person  or  persons  who  shall  violate  the 
provisions  of  the  second  section  of  this  ordinance  shall 
for  every  such  offense  forfeit  and  pay  not  less  than  fif- 
teen nor  more  than  one  hundred  dollars,  and  shall  also 
forfeit  and  pay  not  less  than  five  nor  more  than  twenty 
dollars  for  each  week  during  which  he  shall  suffer  or 
permit  any  such  house,  out-house,  shed,  or  other  build- 
ing (erected  contrary  to  the  provisions  of  said  second 
section)  to  continue  within  said  fire  limits. 

Sec.  6.  Any  person  or  persons  who  shall  violate  the 
provisions  of  the  third  section  of  this  ordinance  shall 
forfeit  and  pay  not  less  than  five  nor  more  than  fifty 
dollars,  and  shall  also  forfeit  and  pay  for  every  day 
during  which  such  lumber-yard  or  hoard-yard  shall  be 
continued  within  said  fire  limits  the  further  sum  of  not 
less  than  five  nor  more  than  fifty  dollars. 

Sec.  7.  The  ordinance  entitled  “An  Ordinance  defin- 
ing the  limits  within  which  no  frame  or  wooden  build- 
ing shall  he  erected,”  passed  May  1,  1847,  and  all  ordi- 
nances passed  subsequently  defining  the  fire  limits  of 
the  city,  are  hereby  repealed : Provided , however , That 
nothing  herein  contained  shalb  prohibit  the  city  from 
punishing  any  infraction  of  any  ordinance  hereby  re- 
pealed which  may  have  occurred  prior  to  the  passage 
of  this  ordinance,  but  for  the  purpose  of  punishing  all 

such  infractions  said  former  ordinance  shall  remain  in 

■/ 

force  as  if  this  ordinance  had  not  been  passed* 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  to  amend  the  first  section  of  an  ordinance  passed  April  30, 
1869,  entitled  “ An  Ordinance  defining  the  limits  within  which  no  frame, 
wooden,  or  other  combustible  building  shall  be  erected,  and  within  which 
no  lumber-yard  or  wood-yard  shall  be  established  or  continued.”  - 

[Passed  March  5, 1866.] 

[ Published  and  in  force  March  7, 1866,] 

1.  Fire  limits  defined. 

2.  Repeal. 


166 


GENERAL  ORDINANCES 


Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  following  portions  of  the 
City  of  Evansville  shall  hereafter  be  know  and  desig- 
nated as  “ the  fire  limits  of  the  City  of  Evansville/7 
to-wit  :A11  that  portion  of  said  city  embraced  within 
the  limits,  viz. : Beginning  on  the  Ohio  River  at  Cherry 

street,  and  running  thence  by  Cherry  to  Fifth  street; 
thence  by  Fifth  street  to  Locust  street ; thence  by  Locust 
to  Seventh  street;  thence  by  Seventh  to  Sycamore 
street;  thence  by  Sycamore  to  Fourth  street;  thence  by 
Fourth  to  Division  street ; thence  by  Division  to  Market 
street;  thence  by  Market  to  Ingle  street;  thence  by 
Ingle  to  Carpenter  street;  thence  by  Carpenter  to  Center 
street;  thence  by  Center  to  Leet  street;  thence  by  Leet 
street  to  the  Ohio  River;  and  thence  by  the  river  to  the 
place  of  beginning. 

Sec.  2.  That  all  ordinances  passed  subsequently  to  the 
30th  day  of  April,  1859,  fixing  or  changing  the  fire  limits 
of  the  city,  be,  and  the  same  are  hereby,  repealed. 

W.  BAKER,  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  to  further  amend  the  first  section  of  an  ordinance  passed 
April  30,  1859,  entitled  “ An  Ordinance  defining  the  limits  within  which 
no  frame,  wooden  or  other  combustible  building  shall  be  erected,  and 
within  which  no  lumber-yard  or  wood-yard  shall  be  established  or  con- 
tinued. 

[Passed  September  26,  1870.] 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  “ Fire  limits  of  the  City  of 
Evansville,”  as  established  by  the  first  section  of  the 
ordinance,  to  which  this  is  an  amendment,  be  so  ex- 
tended as  to  include  within  said  fire  limits  the  following 
described  territory,  to-wit : 

Block  Ko.  nine  (9)  in  Stockwell’s  Enlargement  of 
the  city  of  Evansville,  said  block  being  bounded  by 
Division,  Fifth,  Ingle  and  Canal  streets  of  said  city. 

E.  G.  YAK  RIPER,  Mayor  ad  interim. 

Attest : William  Helder,  Clerk. 


CITY  OF  EVANSVILLE. 


167 


AN  ORDINANCE  concerning  the  Fire  Department. 

[Passed  May  7,  1847.] 

[ Published  and  in  force  May  25. 1847.] 

5.  Duty  of  Marshal. 

6.  Duty  of  all  Other  persons  present  at  fires.  Penalty. 

7.  Must  not  delay  or  obstruct  fireman  in  the  discharge  of  their  duties. 

Penalty. 

8.  Water  must  not  be  taken  from  public  cisterns.  Penalty . 

9.  Hearths ; how  they  must  be  constructed. 

10.  Stove-pipes;  how  to  be  put  up. 

11.  Chimneys  and  fire-places ; how  to  be  constructed . 

12.  Firewardens;  their  duties.  Penalty. 

13.  Fire  wardens  must  not  be  resisted.  Penalty. 

14.  Penalty. 

Sections  1,  2,  8 and  4,  repealed. 

Section  5.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  it  shall  be  the  duty  of  the  Marshal 
and  his  deputies,  on  every  alarm  of  lire,  to  repair  to  the 
place  where  such  fire  may  happen,  for  the  preservation 
of  the  public  peace ; and  when  there,  the  Marshal  and 
his  deputies  shall  remove  all  suspicious  persons  or  other 
persons  not  usefully  employed  in  the  extinguishment  of 
such  fire,  or  the  preservation  of  property. 

Sec.  6.  Every  able-bodied  male  inhabitant  of  the  city 
who  is  not  a fireman,  when  present  at  any  fire  that  shall 
take  place  therein,  shall  there  do  and  peform  every 
reasonable  thing  considered  necessary  and  ordered  to 
be  done  by  the  Mayor,  chief  director  of  the  fire  depart- 
ment, or  foreman  of  any  company, for  the  arrest  and  ex- 
tinguishment of  such  fire,  and  the  care  and  preservation 
of  property;  and  if  any  such  person  shall  neglect  or 
refuse  to  obey  the  direction  of  either  of  the  officers  afore- 
said, or  at  the  time  of  such  fire  be  guilty  of  any  dis- 
orderly or  improper  conduct,  such  person  shall  forfeit 
and  pay  not  less  than  one  nor  more  than  fifty  dollars. 

Sec.  7.  If  any  person  (not  a fireman)  shall  in  any 
manner  assume  the  direction  or  control  of  any  engine 
or  other  fire  apparatus,  or  give  any  order  to  any  fire- 
man, or  delay  or  obstruct  any  fireman  in  the  discharge 


168 


GENERAL  ORDINANCES 


of  his  duty  in  time  of  any  fire,  or  during  any  fire 
deface,  brake,  injure,  tread  on  or  ride  or  drive  any 
animal  over  or  upon  any  of  the  fixtures,  apparatus,  hose, 
hooks  or  ladders  of  any  of  said  fire  companies,  or  in  any 
way  whatever  improperly  touch  or  meddle  with  any 
of  the  same,  without  being  directed  so  to  do  by  one  of 
the  officers  aforesaid,  such  person  so  offending  shall  for 
every  such  offense  forfeit  and  pay  any  sum  not  exceed- 
ing fifty  dollars. 

Sec.  8.  If  any  person  shall  take  away  or  use  water 
out  of  or  from  any  of  the  public  cisterns,  except  for 
the  purpose  of  extinguishing  fires,  or  for  washing, 
cleansing  or  exercising  the  public  engines  or  other  ap- 
paratus belonging  to  the  fire  department,  or  open  and 
leave  uncovered  any  of  said  cisterns,  every  person  so 
offending  shall,  for  every  such  offense,  forfeit  and  pay 
any  sum  not  exceeding  ten  dollars. 

Sec.  9.  Every  hearth  hereafter  built  within  the  city 
shall  be  constructed  on  a stone  or  brick  arch ; and  in 
all  cases  when  the  back  of  the  fire-place  shall  be  three 
feet  or  more  wide,  the  hearth  shall  extend  at  least, 
twenty-two  and  one-half  inches  in  front  beyond  the 
jambs,  and  when  the  back  of  the  fire-place  shall  be  less 
than  three  feet  wide,  the  hearth  shall  extend  not  less 
than  eighteen  inches  in  front  beyond  the  jambs. 

Sec.  10.  Every  stove-pipe  now  up,  at  its  intersection 
with  any  floor,  partition,  roof,  or  side  of  a house,  shall 
be  made  to  pass  through  a crock,  or  if  it  pass  through  a 
window  it  shall  be  enclosed  with  tin  or  sheet-iron  ; and 
hereafter  no  stove-pipe  shall  be  put  up  unless  the  same 
passes  into  a chimney  or  flue,  and  no  such  stove-pipe 
hereafter  put  up  shall  pass  through  any  floor,  partition^ 
roof,  window  or  side  of  a house. 

Sec.  11.  Every  chimney  or  flue  hereafter  built  in  any 
house  in  the  city,  shall  have  its  foundation  either  upon 
the  earth  or  first  floor  of  such  house,  and  shall  extend 
above  the  roof  or  side  of  such  house  at  least  three  feet, 


CITY  OF  EVANSVILLE. 


169 


and  in  all  cases  there  shall  be  in  the  fire-place  at  least 
thirteen  inches  of  brick  or  stone  between  the  inside  of 
such  fire-place  and  any  timber  or  other  combustible  ma- 
terial in  such  house,  and  in  every  flue  there  shall  be  at 
least  four  inches  of  brick  or  stone  between  the  inside  of 
every  such  flue  and  any  wood  or  other  combustible  mate- 
rial in  such  house,  and  when  any  flue  is  started  from  the 
first  floor  of  any  house,  there  shall  be  at  least  twelve  in- 
ches of  solid  stone  or  brick  work  between  such  floor  and 
the  first  opening  for  a stove-pipe* 

Sec.  12.  The  Common  Council  shall  annually  appoint 
one  fire  warden  in  each  ward  of  the  city,  whose  duty  it 
shall  be  to  examine  all  fire-places,  grates,  stoves,  furn- 
aces, chimneys,  stove-pipes,  flues,  and  other  places  used 
for  the  passage  of  smoke,  or  in  which  fires  are  made,  at 
least  once  during  the  months  of  November  and  January, 
and  at  such  other  times  as  may  be  necessary,  and  when 
requested  so  to  do  by  any  person  interested;  and  if  any 
place  used  for  the  passage  of  smoke,  or  in  which  fires  are 
made,  is  in  a dangerous  and  exposed  situation,  to  notify 
the  person  or  persons  using  or  occupying  the  same  to  alter 
or  repair  it,  so  that  in  all  things  it  shall  conform  to  the 
requirements  of  the  ninth  and  tenth  sections  of  this  ordi- 
nance. And  if  any  person  or  persons,  after  being  notified 
as  aforesaid,  shall  not  forthwith  proceed  to  alter  or  repair 
the  same  according  to  the  requirements  of  said  sections, 
such  person  or  persons  shall  forfeit  and  pay  not  less  than 
one  nor  more  than  ten  dollars. 

Sec.  13.  Should  any  person  or  persons  resistor  prevent 
any  fire  warden  from  entering  any  house  or  other  build- 
ing or  place  between  the  hours  of  ten  o’clock  a.  m.,  and 
four  o’clock  p.  m.,  for  the  purpose  of  discharging  any  duty 
imposed  on  him  by  any  ordinance,  by-law  or  order  of  the 
Council,  such  person  or  persons  shall  for  every  such 
offense,  forfeit  and  pay  not  less  than  one  dollar  nor  more 
than  twenty  dollars. 

Sec.  14.  Every  person  who  shall  neglect  any  of  the  du- 

22 


170 


GENERAL  ORDINANCES 


ties  prescribed  by,, or  violate  any  of  the  provisions  of  the 
ninth,  tenth  or  eleventh  sections  of  this  ordinance,  shall 
for  every  such  neglect  or  violation  forfeit  and  pay  not 
less  than  one  nor  more  than  twenty  dollars. 

JAMES  G.  JONES,  Mayor. 

Attest ; John  J.  Chandler,  Clerk. 


AN  ORDINANCE  establithing  a fire  department,  and  for  preventing  and 

extinguishing  fires. 

[Passed  September  20,  1859.] 

[ Published  and  in  force  September  23, 1859. J 

1.  City  divided  into  two  districts.  • 

2.  Fire  department,  what  to  consist  of.  * 

3.  Chief  and  assistant  engineers,  their,  term  of  office  and  duties. 

4.  Form  of  certificate  of  appointment. 

5.  Oath  of  office.  ' 

6.  Companies,  how  organized,  &c., 

7.  Board  of  supervisors,  their  powers  and  duties, 

8.  Duties  of  engineers . 

9.  Authority  and  duties  of  chief  engineer, 

10.  Duty  of  assistants,  in  absence  of  chief  engineer. 

11.  Member  of  department  not  to  be  discharged  except  for  cause  specifically 

assigned  in  writing. 

12.  Duties  of  captains  of  companies. 

13.  Duties  of  officers  and  members  of  companies.. 

14.  Badges  and  other  insignia. 

15.  Company  must  not  leave  the  city  without  permission. 

16.  No  association  allowed  except  by  permission  of  Council. 

17.  Companies  under  control  of  Council. 

18.  Annual  appropriation. 

19.  Constitution  of  companies. 

20.  Repeal. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  said  be,  and  the  same  is 
hereby,  divided  into  two  fire  districts,  as  follows : The 
first  district  shall  consist  of  all  that  part  of  the  city  which 
is  situated  below  or  on  the  western  side  of  Vine  Street, 
extended  through  to  the  northern  boundary  of  the  city ; 
and  the  second  district  shall  consist  of  all  that  part  of  the 
city  not  included  in  the  first  district. 

Sec.  2.  The  fire  department  of  the  city  shall  consist  of 
one  chief  engineer  for  the  city  at  large,  and  two  assist- 


CITY  OF  EVANSVILLE. 


171 


ants,  one  for  each  of  said  districts,  an‘d  of  such  regularly 
organized'  steam  engine,  hand  engine,  hook-and-ladder 
and  hose  companies  as  may  be  received  into  actual  ser- 
vice by  the  Common  Council, 

Sec.  3.  There  shall  be  chosen  by  the  Common  Council, 
immediately  after  the  taking  effect  of  this  ordinance,  a 
chief  engineer  and  two  assistants,  who  shall  serve  until 
the  first  regular  meeting  of  the  Council  in  May,  1880,  and 
until  their  successors  are  chosen  ; and  at  the  said  first 
meeting  of  the  Council  in  May,  1860,  and  annually  there- 
after, a chief  engineer  and  two  assistants  shall  be  chosen 
by  the  Council,  and  shall  hold  their  respective  offices  for 
the  term  of  one  year,  and  until  their  successors  are  chosen 
and  qualified,  unless  the  Council  for  good  cause  should 
sooner  remove  them  or  either  of  them  from  office.  The 
said  assistant  engineers  are  to  act  as  chief  engineer  in 
their  separate  districts  in  the  absence  of  the  chief  engi- 
neer, and  shall  act  as  fire  wardens  in  their  respective  dis- 
tricts, and  shall  have  such  other  powers  and  perform  such 
other  duties  as  may  be  legally  devolved  upon  them. 

Sec.  4.  Each  engineer  shall,  upon  his  appointment, 
receive  a certificate,  in  the  following  form,  to- wit : This 

certifies  that is  appointed  chief  engineer  (or  as- 
sistant engineer  for  the district)  of  the  fire  depart- 

ment of  the  city  of  Evansville,  and  is  entitled  to  all  the 
powers  and  immunities  belonging  to  said  office  : to  be 
signed  by  the  Mayor  and  attested  by  the  clerk  of  the 
Council,  and  sealed  with  the  seal  of  the  city. 

Sec.  5.  The  chief  engineer  and  each  assistant  engineer 
shall,  before  receiving  said  certificate,  take  and  subscribe 
an  oath,  to  be  filed  with  the  clerk  of  the  city,  that  he  will 
faithfully  and  honestly  perform  the  duties  of  his  office 
during  his  continuance  in  such  office. 

Sec.  6.  Any  steam  engine,  hand  engine,  or  hook-and- 
ladder  company  now  in  existence  or  hereafter  to  be  or- 
ganized may  be  received  into  actual  service  by  the  Com- 
mon Council.  Each  volunteer  company  shall  consist  of  a 


172 


GENERAL  ORDINANCES 


captain  and  such  inferrior  officers  as  its  constitution  may 
prescribe;  and  each  hand  engine  company  and  each 
hook-and-ladder  company  shall  be  composed  of  not  less 
than  forty  active  working  members,  and  before  being 
received  into  actual  service  shall  present  to  the  Council 
and  file  with  the  clerk  a copy  of  its  constitution,  and  a list 
or  roll  of  all  its  officers  and  members;  and  if  said  company 
is  received  into  actual  service,  said  constitution  and  list 
shall  be  filed  and  preserved  by  the  clerk. 

Sec.  7.  The  chief  and  assistant  engineers,  the  committee 
of  the  Common  Council  on  the  fire  department,  and  the 
captains  of  the  several  companies,  shall  form  a Board  of 
Supervisors ; and  said  Board  shall  appoint  one  of  their 
own  number  President  and  another  Secretary,  and  may 
make  such  rules  and  regulations  for  their  own  govern- 
ment as  they  may  see  fit.  Said  Board  shall  be  responsible 
for  the  decipline,  good  order,  and  proper  conduct  of  the 
whole  department,  both  officers  and  men,  and  for  the  care 
of  the  houses,  engines,  hose-carriages,  and  other  furniture 
and  apparatus  thereunto  belonging.  They  shall  have  the 
superintendence  and  control  of  all  the  engine  and  other 
houses  used  for  the  purpose  of  the  fire  department,  and 
all  the  furniture  and  apparatus  thereunto  belonging,  and 
of  the  engines  and  all  other  fire  apparatus  belonging  to 
the  city,  and  over  the  officers  and  members  of  the  several 
companies  attached  to  the  fire  department,  and  over  all 
persons  present  at  fires  ; and  they  may  make  such  rules 
and  regulations  for  the  better  government,  discipline,  and 
good  order  of  the  department,  and  for  the  extinguishment 
of  fires,  as  they  may  from  time  to  time  think  expedient,  the 
same  not  being  repugnant  to  the  laws  of  this  State  or  to 
any  ordinance  of  the  city,  and  being  subject  to  the  ap- 
proval of  the  Common  Council. 

Sec.  8.  It  shall  be  the  duty  of  the  engineers,  whenever 
a fire  breaks  out  in  the  city,  to  immediately  repair  to  the 
place  of  such  fire,  and  to  carry  with  them  a suitable  staff 
or  badge  of  their  office,  and  to  take  proper  measures  that 


CITY  OF  EVANSVILLE. 


173 


the  several  engines  and  other  apparatus  be  arrangeddn 
the  most  advantageous  situations,  and  only  worked  for 
the  effectual  extinguishment  of  fires,  to  call  for  assistance, 
if  need  be,  from  all  persons  present  at  any  fire,  as  well  as 
members  of  the  department,  to  assist  in  extinguishing  fire, 
removing  goods  or  other  merchandise  from  any  building 
on  fire  or  in  danger  thereof,  and  to  appoint  guards  to 
secure  the  same,  and  also  in  pulling  down  or  demolishing 
any  house  or  building  if  necessity  require,  and  further  to 
suppress  all  tumults  or  disorder.  It  shall  also  be  the  duty 
of  said  engineers  to  cause  order  to  be  preserved  in  going 
to,  working  at,  and  returning  from  fires,  and  at  all  other 
times  when  companies  attached  to  the  department  are  on 
duty. 

Sec.  9.  The  chief  engineer  shall  have  the  sole  com- 
mand at  fires  over  all  other  engineers,  all  members  of  the 
fire  department,  and  all  other  persons  who  may  be  present 
as  such  fires;  and  he  shall  take  all  proper  measures  for 
the  extinguishment  of  fires,  the  protection  of  property,  the 
preservation  of  order,  and  to  cause  the  laws,  ordinances, 
and  regulations  respecting  fires  and  the  fire  department 
to  be  observed  ; and  it  shall  be  the  duty  of  said  chief  engi- 
neer to  examine  into  the  condition  of  the  engines  and  all 
other  fire  apparatus,  and  the  engine  and  other  houses  be- 
longing to  the  city  used  for  the  purpose  of  the  fire  depart- 
ment, and  the  companies  attached  thereto,  as  often  as  the 
circumstances  may  render  it  expedient,  or  whenever  di- 
rected so  to  do  by  the  Common  Council  or  by  the  Board  of 
Supervisors,  and  annually  to  report  the  same  to  the 
Council;  also  to  cause  a full  description  of  the  same,  to- 
gether with  the  name  of  the  officers  and  members  of  the 
fire  department,  to  be  published  annually,  in  such  manner 
as  the  Common  Council  shall  direct ; and  whenever  the 
engines  or  other  fire  apparatus,  engine  or  other  houses 
used  by  the  fire  department,  require  alterations,  additions, 
or  repairs,  the  chief  engineer,  under  the  directoin  of  the 
Common  Council,  shall  cause  the  same  to  be  made ; and 
it  shall  moreover  be  the  duty  of  the  chief  enginear  to  re- 


174 


GENERAL  ORDINANCES 


ceive  and  transmit  to  the  Common  Council  all  returns  of 
officers,  members,  and  fire  apparatus  made  by  the  re- 
spective companies,  as  hereinafter  prescribed,  and  all 
other  communications  relating  to  the  officers  of  the  fire 
department;  to  keep  fair  and  exact  rolls  of  the  respective 
companies,  specifying  the  time  of  admission  and  discharge, 
and  the  age  of  each  member,  which  he  shall  report  in 
writing  to  the  clerk  of  the  Council,  who  shall  file  said 
report  in  his  office  ; and  said  engineer,,  if  directed  so  to  do 
by  the  Common  Council,  shall  report  all  accidents  by  fire 
which  may  happen  within  the  city,  with  the  causes  there- 
of, as  well  as  can  be  'ascertained,  and  the  number  and 
description  of  the  buildings  destroyed,  as  near  as  can  be 
ascertained,  together  with  the  names  of  the  owners  or 
occupants  thereof. 

Sec.  10.  In  case  of  the  absence  of  the  chief  engineer, 
the  assistant  engineer  in  whose  district  the  fire  may  occur 
shall  exercise  all  the  duties  and  possess  all  the  powers  of 
that  officer  ; and  if  the  assistant  engineer  in  whose  district 
the  fire  may  occur  shall  also  be  absent,  the  other  assistant 
engineer  shall  act  as  chief  engineer  for  the  time  being. 

Sec.  11.  No  officer  or  member  shall  be  discharged  from 
the  fire  department  on  account  of  his  religious  or  political 
opinions,  nor  for  any  cause  not  specifically  assigned  to  him 
in  writing. 

Sec.  12.  It  shall  be  the  duty  of  the  captains  of  the  several 
fire  companies  to  see  that  the  engines  and  apparatus 
committed  to  their  care,  and  the  several  buildings  in  which 
the  same  are  deposited,  and  all  things  in  or  belonging  to 
the  same,  are  kept  neat  and  clean,  and  in  order  for  im- 
mediate use.  It  shall  also  be  their  duty  to  preserve  order 
and  dicipline  at  all  times  in  their  respective  companies, 
and  require  and  enforce  a strict  compliance  with  the  city 
ordinances,  the  rules  and  regulations  of  the  department, 
and  the  orders  of  the  Board  of  Supervisors.  They  shall 
also  keep,  or  cause  to  be  kept,  fair  and  exact  rolls,  specify- 
ing the.  time  of  admission,  discharge,  and  age  of  each 


CITY  OF  EVANSVILLE. 


.175- 

member,  and  accounts  of  all  the  city  property  entrusted 
to  the  care  of  the  several  members,  and  of  all  absence  and 
tardiness  among  the  same,  in  a book  provided  by  the  city 
for  that  purpose,  which  roll  and  record-book  shall  always 
be  subject  to  the  order  and  inspection  of  the  Board  of 
Supervisors* 

Sec.  13.  It  shall  be  the  duty  of  the  officers  and  mem- 
bers of  the  several  companies,  whenever  a fire  shall  break 
out  in  the  city,  to  repair  forthwith  to  their  respective 
houses,  and  to  convey  their  engines  and  the'  carriages 
containing  their  apparatus  to  the'  place  of  the  fire  as 
speedily  and  in  as  orderly  a mann'er  as  possible,  and  in 
conformity  with  the  directions  of  the  chief  or  other  en- 
gineers ; to  exert  themselves  in  the  most  orderly  manner 
possible  in  working  and  managing  the  engines,  hose, 
hooks  and  ladders,  and  other  apparatus  belong  to  each 
company  respectively,  and  in  performing  any  duty  that 
they  may  be  called  upon  to  do  by  the  chief  engineer  or 
either  of  his  assistants ; and  upon  permission  of  the  chief 
or  other  engineer,  acting  as  chie'f  engineer,  each  company 
shall,  in  an  orderly  and  quiet  manner,  return  its  engine, 
carriage,  and  other  apparatus  to  their  respective  places 
of  deposit : Provided , That  in  the  absence  of  the  chief 
engineer  and  both  his  assistants,  the  Mayor  of  the  city,  if 
present,  may  designate  one  of  the  captains  to  act  as  chief 
engineer  for  the  time  being  ; and  if  the  Mayor  is  absent, 
such  designation  may  be  made  by  a majority  of  the  cap- 
tains present. 

Sec.  14.  The  officers  and  members  of  the  several  com- 
panies shall  wear  such  caps,  badges,  or  other  insignia  as 
the  Board  of  Supervisors  may  from  time  to  time  direct, 
and  no  other  person  or  persons  shall  be  permitted  to  wear  - 
the  same. 

Sec.  15.  Ko  company  shall  leave  the  city,  in  case  of  a 
fire  in  the  neighorhood  of  the  city,  except  by  the  express 
order  of  the  chief  engineer  or  one  of  the  assistant  engi- 
neers; and  no  company  shall  leave  the  city  on  an  excur- 


176 


GENERAL  ORDINANCES 


sion,  or  appear  on  the  streets  as  fireman  except  in  case  of 
an  alarm  of  fire  or  on  funeral  occasions,  unless  by  express 
direction  or  permission  of  the  Common  Council, 

Sec,  16,  No  association  or  organized  club  or  society  of 
firemen,  as  such  shall  be  allowed  except  by  the  express 
permission  of  the  Common  Council. 

Sec.  17.  Every  company  which  may  be  received  in- 
to actual  service  shall  in  allthings  be  under  the  control  o f 
the  Council,  and  subject  to  be  disbanded  on  accuont  of  im- 
proper conduct,  or  whenever  the  interest  or  convenience 
of  the  city  may  require  it. 

Sec.  18.  That  for  the  purpose  of  enabling  the  several 
hand  engine  fire  companies  which  may  be  received  into 
actual  service  to  pay  for  fuel,  oil,  and  other  ordinary  ex- 
penses, there  is  hereby  appropriated  to  each  of  said  com- 
panies the  sum  of  two  hundred  and  fifty  dollars  per  annum, 
payable  quarterly. 

Sec.  19.  The  constitution,  of  each  hand  engine  com- 
pany shall  contain  a provision  that,  if  the  city  pays  the 
entire  appropriation  made  by  the  eighteenth  section  of 
this  ordinance  to  such  company,  no  member  of  such  com- 
pany shall,  for  the  year  for  which  such  appropriation  may 
be  received,  claim  any  exemption  Irom  taxation  by  reason 
of  his  being  a member  of  such  company. 

Sec.  20.  The  first,  second,  third,  and  fourth  sections  of 
an  ordinance  passed  may  7,  1847,  entitled  “An  Ordi- 
nance concerning  the  fire  department,”  and  all  other 
ordinances  inconsistent  with  this  ordinance,  be,  and  the 
same  are  hereby,  repealed  ; but  the  remaining  ten  sec- 
tions of  said  ordinance  of  May  7,  1847,  are  continued  in 
force. 

W.  BAKER,  Mayor. 


Attest : P.  Burke,  Clerk. 


CITY  OF  EVANSVILLE. 


177 


AN  ORDINANCE  to  protect  the  hose  and  other  apparatus  of  the  city  for  the 

extinguishment  of  fires. 

[Passed’  May  7,  I860.] 

(Published  and  in  force  May  10,  1860.) 

1.  Hose,  when  laid  in  streets,  not  to  be  run  over  or  injured. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That,  whenever  any  hose  belonging 
to  the  city,  or  to  any  hose  or  fire  company  within  the 
city,  may  be  laid  down  in  any  street  or  alley,  at  the 
time  of  any  fire  or  alarm  of  fire,  or  at  any  other  time 
by  order  of  the  Common  Council,  the  Mayor,  or  the 
chief  or  other  engineer  of  the  fire  department  of  the 
city,  it  shall  be  unlawful  for  any  person  or  persons  to 
lead,  ride,  or  drive  any  horse  or  other  animal  over  or 
upon  the  sam'e,  or  to  drive  or  haul  any  vehicle  over  or 
upon  the  same,  or  in  any  other  manner  to  injure  such 
hose,  or  any  engine  or  other  apparatus  belonging  to  the 
city,  or  to  any  fire  or  hose  company  within  the  city. 

Sec.  2.  Any  person  or  persons  who  shall  violate  any 
of  the  provisions  of  this  ordinance  shall,  for  every  such 
offense,  forfeit  and  pay  not  less  than  five  nor  more  than 
fifty  dollars. 

WILLIAM  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  to  prevent  steam  fire  engines,  hose  carriages,  and  hook 
and  ladder  carriages  from  being  hindered  or  delayed  while  proceeding  to  a 
fire. 

[Passed  May  31,  1870.] 

1.  Ordinance  as  to  fast  driving  not  to  apply  to  officers  of  fire  department  in 

case  of  fire. 

2.  Drivers  of  vehicles  to  give  way  to  engines,  &c.,  and  penalty  for  hinder- 

ing the  same . 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That,  whenever  a fire  breaks  out  in 
said  city,  it  shall  and  may  be  lawful  for  the  steam  fire 
engines,  hose  carriages,  hook-and-ladder  carriage,  and 
ail  other  apparatus  of  the  city  for  the  extinguishment 
of  fires  to  be  hauled  through  the  streets  of  the  citv  at 

23 


178 


GENERAL  ORDINANCES 


such  rate  of  speed  as  may  seem  necessary  and  proper 
to  the  officers  in  charge  thereof,  and  the  ordinance 
against  fast  driving  shall  not  be  held  to  apply  to  the 
said  officers  on  such  occasions. 


Sec.  2.  That  all  drivers  of  all  vehicles  shall  be  re- 
quired to  give  place  and  room  to  the  steam  fire  engines, 
hose  carriages,  hook-and-ladder  carriages,  and  all  other 
fire  apparatus,  when  they  are  proceeding  to  a fire,  and 
it  shall  be  unlawful  for  any  person  or  persons  to  ob- 
struct, hinder,  delay  or  fail  to  give  room  and  place  to 
the  said  engines,  carriages  and  fire  apparatus,  when 
they  are  proceeding  to  a fire,  and  all  persons  who  shall 
violate  this  ordinance  or  any  of  the  provisions  thereof 
shall,  for  every  such  offense,  forfeit  and  pay  not  less 
than  five  nor  more  than  fifty  dollars. 

WILLIAM  H.  WALKER,  Mayor. 
Attest : William  Helder,  Clerk. 


A SUPPLEMENT  to  an  ordinance  passed  April  30,1859,  entitled  “An  ordi- 
nance defining  the  limits  within  which  no  trame,  wooden  or  other  com- 
bustible building  shall  be  erected,  and  within  which  no  lumber-yard  or 
wood-yard  shall  be  established  or  continued.” 


[Passed  May  80, 1863.] 


(Published  and  in  force  June  6,  1863.) 


1.  Permission  to  erect  wooden  buildings  within  fire  limits,  how  procured. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter,  permission  to  erect  a 
wooden  or  other  combustible  building  within  the  fire 
limits  of  the  city  shall  not  be  granted  by  the  Council, 
unless  the  applicant  shall  have  given  at  least  two  weeks 
public  notice  in  two  newspapers  of  the  city,  of  his  in- 
tention to  make  such  application,  stating  in  said  notice 
the  place  where,  and  the  size  and  character  of  the 
building  proposed  to  be  erected. 

W.  BAKER,  Mayor. 


Attest : A.  Pfafflin,  Clerk. 


CITY  OF  EVANSVILLE. 


179 


AN  ORDINANCE  to  prohibit  the  making  of  fires  and  throwing  of  fire-balls 

or  other  ignited  substances  in  the  streets,  alleys,  or  grounds  of  the  city. 

[Passed  April  17,  1847.] 

(Published  and  in  force  May  8,  1847.) 

1.  Burning  of  shavings,  &c.,  in  streets  and  alleys. 

2.  Throwing  fire-balls,  &c . , prohibited.  Proviso. 

3.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  be  unlawful  for  any 
person  or  persons  to  kindle,  or  cause  to  be  kindled,  any 
lire  for  the  purpose  of  burning  shavings  or  other  com- 
bustible matter  in  any  street,  alley  or  open  lot  in  the 
city  of  Evansville,  at  any  other  time  than  between  day- 
light and  four  o’clock  p.  m.,  or  at  any  time,  in  any  street, 
alley  or  open  lot  within  the  city,  within  twenty  feet  of 
any  building  therein. 

Sec.  2.  It  shall  be  unlawful  for  any  person  or  persons 
to  throw  fire-balls,  fire-brands,  or  any  other  ignited 
substance  or  substances,  or  aid,  abet  or  assist  in  throw- 
ing the  same,  any  where  within  the  limits  of  the  city : 
Provided,  That  nothing  herein  contained  shall  be  con- 
strued to  prohibit  the  use  and  exhibition  of  any  fire- 
works on  the  fourth  day  of  July,  Christmas  day,  the 
first  day  of  January,  the  eighth  day  of  January,  the 
twenty-second  and  twenty-third  days  of  February. 

Sec.  8.  Any  person  or  persons  violating  the  provisions 
of  this  ordinance  shall,  for  every  such  offense,  forfeit 
and  pay,  for  the  first  offense,  fifty  cents,  and  for  every 
subsequent  offense  three  dollars. 

Sec.  4.  This  ordinance  shall  be  in  force  from  and 
after  its  publication. 

JAMES  GL  JONES,  Mayor. 

Attest : John  J.  Chandler,  Clerk. 


AN  ORDINANCE  to  regulate  the  inspection,  storage  and  sale  of  petroleum, 
and  other  inflammable  oils  and  fluids.* 

[Passed  June  1,  1868.] 


^Sections  5,  6,  7,  8 and  9 repealed  December  7, 1838.  See  pest. 


180 


GENERAL  ORDINANCES 


1.  Unlawful  to  store  or  keep  petroleum,  &c.,  except  as  provided  by  this  or- 

dinance. 

2.  Unlawful  to  draw  benzine,  &c.,  between  twilight  and  sunrise^ 

3.  Five  barrels  of  refined  coal  or  carbon  oil  may  be  kept,  under  restrictions. 

4.  More  than  five  barrels  may  be  kept  under  restrictions.  Duty  of  Fire 

Wardens. 

10.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  it  shall  be  unlawful  for  any 
person  or  . persons  to  store  or  keep,  or  suffer  to  be  stored 
or  kept,  within  the  corporate  limits  of  the  city  of  Evans- 
ville, any  crude  petroleum,  or  rock  oil,  or  any  illumi- 
nating oil  or  compound,  that  shall  not  bear  a tempera- 
ture of  one  hundred  and  ten  degrees  Fahrenheit  with- 
out ignition  or  explosion,  except  as  is  otherwise  pro- 
vided by  • frhis  ordinance  : Provided , That  any  person 
or  persons  may  keep  in  any  cellar  in  said  city,  any 
quantity  not  exceeding  one  barrel  of  benzine,  gasoline, 
or  naptha,  in  metal  cans  or  cases,  to  be  used  or  sold  for 
manufacturing  purposes,  and  not  otherwise. 

Sec.  2.  That  it  shall  be  unlawful  to  draw  or  take  from 
any  can  or  case  any  quantity  of  benzine,  gasoline,  or 
naptha,  between  twilight  in  the  evening  and  sunrise  in 
the  morning. 

Sec.  3.  That  it  shall  not  be  unlawful  to  store  or  keep 
any  quantity  not  exceeding  five  barrels,  at  any  one 
time,  in  any  locality  in  said  city,  one  barrel  of  which 
may  be  kept  on  the  first  or  ground  fioo*r  of  any  store, 
in  metallic  cans  or  cases,  of  refined  coal  or  carbon  oil : 
Provided , The  same  be  of  the  standard  of  110  degrees 
Fahrenheit,  and  that  the  four  additional  barrels  be  kept 
in  a cellar,  so  that  in  case  of  breakage  or  leakage  of 
the  vessels,  the  contents  thereof  will  not  be  liable  to 
run  out  into  or  upon  the  adjoining  premises.* 

Sec.  4.  That  it  shall  not  be  unlawful  to  keep  within 
the  corporate  limits  of  said  city  a greater  quantity  than 
five  barrels  of  refined  coal  or  carbon  oil,  of  the  legal 
standard,  or  any  of  the  products  of  crude  petroleum  : 
Provided , That  after  the  first  day  of  September,  1868, 

-Amended  December  7, 1SG8.  See  post. 


CITY  OF  EVANSVILLE. 


181 


the  same  be  kept  and  stored  in  vaults  or  cellars,  nine 
feet  in  depth,  below  the  surface  of  the  earth,  walled 
around  with  stone  or  brick  walls,  at  least  nine  inches  in 
thickness,  and  completely  arched  with  not  less  than  a 
nine  inch  brick  arch  ; said  arch  to  be  covered  over  with 
six  inches  or  more  of  earth  or  sand,  with  a doorway 
leading  into  said  vault,  enclosed  by  a heavy  sheet-iron 
door,  to  fit  so  closely  as  to  make  said  vault  as  nearly  air- 
tight as  possible.  And  it  shall  be  the  duty  of  the  Fire 
Wardens  to  examine  and  inspect  any  and  all  of  said 
vaults  or  cellars,  at  least  once  in  every  three  months, 
and  report  to  the  Council  the  result  of  such  examina- 
tion, and  the  Mayor  may  inspect  said  vault^  or  cellars 
at  pleasure.* 

Sec.  10.  That  any  person  or  persons  who  shall  violate 
any  of  the  provisions  of  this  ordinance  shall,  for  each 
and  every  such  offense,  upon  conviction  thereof,  forfeit 
and  pay  not  less  than  ten  dollars,  nor  more  than  one 
hundred  dollars.* 

This  ordinance  to  take  effect  and  be  in  force  from 
and  after  its  publication. 

WILLIAM  H,  WALKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  to  amend  sections  3,  4 and  10,  and  to  repeal  sections  5,  6,  7, 

8 and  9 of  an  ordinance  entitled  “ An  ordinance  to  regulate  the  inspection, 

storage  and  sale  of  petroleum,  and  other  inflammable  oils  and  fluids,” 

passed  June  1,  1868. 

[Passed  December  7,  1868.] 

1.  Fifty  barrels  may  be  kept,  with  restrictions. 

2.  More  than  fifty  barrels  may  be  kept,  with  restrictions. 

3.  Dealers  to  keep  testing  implements. 

4.  Penalty. 

5.  Repeal.  , ^ 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  not  be  unlawful  to  store 
or  keep  any  quantity,  not  exceeding  fifty  barrels,  at  any 
one  time  in  any  locality  in  the  city  of  Evansville,  of 
refined  coal  or  carbon  oil ; five  barrels  of  which  may  be 

f _ 

^Amended  December  7, 1868.  See  post. 


182 


GENERAL  ORDINANCES 


kept  on  the  first  or  ground  floor  of  any  store,  and, 
when  for  retail,  in  metallic  cans  or  cases  : Provided , The 
same  be  of  the  standard  of  one  hundred  and  ten  de- 
grees Fahrenheit ; and  that  forty-five  barrels  be  kept  in 
a cellar,  so  that,  in  case  of  breakage  or  leakage  of  ves- 
sels, the  contents  thereof  will  not  be  liable  to  run  into 
or  upon  the  adjoining  premises. 

Sec.  2.  That  it  shall  not  be  unlawful  to  keep  within 
the  corporate  limits  of  said  city,  a greater  quantity 
than  fifty  barrels  of  refined  coal  or  carbon  oil,  or  any 
of  the  products  of  crude  petroleum  of  the  legal  stand- 
ard : Provided , That  from  and  after  the  first  day  of 
December,  1868,  the  same  is  to  be  kept  and  stored, 
while  on  hand,  in  vaults  or  cellars  nine  feet  in  depth 
below  the  surface  of  the  earth,  walled  around  with 
stone  or  brick  walls,  at  least  nine  inches  in  thickness, 
and  completely  arched  with  not  less  than  a nine  inch 
stone  or  brick  arch  ; said  arch  to  be  covered  over  with 
six  inches  more  in  depth  of  earth  or  sand,  with  a door- 
way, leading  into  said  vault,  enclosed  by  a heavy  sheet- 
iron  door,  to  fit  so  closely  as  to  make  said  vault  as  nearly 
air-tight  as  possible.  It  shall  be  the  duty  of  the  Fire 
Wardens  to  examine  and  inspect  any  and  all  of  said 
vaults  or  cellars,  at  least  once  in  every  three  months, 
and  report  to  the  Council  the  result  of  such  examina- 
tion, and  the  Mayor  may  inspect  such  vaults  or  cellars 
at  pleasure. 

Sec.  3.  That  it  shall  be  the  duty  of  every  wholesale 
dealer  in  coal  oil,  or  in  any  of  the  products  of  crude 
petroleum,  to  keep  a testing  instrument  upon  his  prem- 
ises, the  instrument  adopted  by  the  United  States  Gov- 
ernment for  testing  coal  and  carbon  oils,  so  that  every 
person  wTho  may  purchase  a barrel  of  oil  or  burning 
fluid  may  have  the  same  tested  in  his  own  presence. 

Sec.  4.  That  any  person  or  persons,  who  shall  violate 
any  of  the  provisions  of  this  ordinance,  shall,  for  each 
and  every  such  offense,  upon  conviction  thereof,  forfeit 


CITY  OP  EVANSVILLE. 


183 


and  pay  not  less  than  ten  dollars  nor  more  than  one 
hundred  dollars,  and  that  any  person  who  shall  sell  coal 
or  carbon  oil,  or  any  of  the  products  of  crude  petro- 
leum, or  any  burning  fluid  used  for  burning,  below  the 
test  of  one  hundred  and  ten  degrees  Fahrenheit,  within 
the  limits  of  said  city,  shall,  for  each  and  every  such 
offense,  upon  conviction  thereof,  forfeit  and  pay  a fine 
of  not  less  than  one  hundred  dollars,  nor  more  than 
five  hundred  dollars. 

Sec.  5.  That  sections  5,  6,  7,  8 and  9 of  said  ordi- 
nance, to  which  this  is  an  amendment,  be  and  the  same 
are  hereby  repealed. 

Sec.  6.  This  ordinance  to  take  effect  and  be  in  force 
from  and  after  its  passage. 

WILLIAM  H.  WALKER,  Mayor, 

Attest : A.  M.  McGtiiff,  Clerk. 


AN  ORDINANCE  regulating  the  measurement  and  sale  of  fire-wood, 

[Passed  December  5,  1864.] 

(Published  and  in  force  January  1, 1865.) 

1.  City  divided  into  districts. 

2.  Appointment  of  wood  measurers. 

8.  Wood  markets,  or  places  where  wood  may  be  offered  for  sale. 

4.  Duty  of  wood  measurer. 

5.  Measurement  of  wood. 

6.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  city  be  and  the  same  is 
hereby  divided  into  two  districts  for  the  measurement 
and  sale  of  fire-wood,  to  be  designated  as  the  first  and 
second,  districts ; the  first  district  to  consist  of  all  that 
part  of  the  city  situate  above  Main  street,  and  the 
second  district  to  consist  of  all  that  part  of  the  city  not 
included  in  the  first  district. 

Sec.  2.  The  Common  Council  shall,  at  their  first 
meeting  after  the  passage  of  this  ordinance,  and  annu- 
ally thereafter,  at  their  first  meeting  after  the  election 
of  Councilmen,  or  as  soon  as  practicable  after  said 


184 


GENERAL  ORDINANCES 


election,  appoint  one  wood  measurer  for  each  of  said 
districts,  who  shall  take  and  subscribe  an  oath  for  the 
faithful  and  honest  performance  of  his  duties,  and  who 
shall  continue  in  office  until  the  next  annual  election  of 
Councilmen,  and  until  his  successor  shall  have  been  ap- 
pointed and  qualified.  And  in  case  of  a vacancy  in 
either  of  said  offices,  by  reason  of  death,  sickness,  ina- 
bility to  serve,  or  from  any  other  cause,  the  Mayor  shall 
have  power  to  fill  such  vacancy  until  the  next  -regular 
meeting  of  the  Council,  at  which  meeting  the  Council 
shall  fill  such  vacancy. 

Sec.  8.  The  following  shall  be  the  only  wood  market 
or  wood  stand  in  and  for  the  first  district,  to-wit ; 
Fourth  street,  between  Cherry  and  Oak  streets ; and  the 
following  shall  be  the  only  wood  market  or  wood-stand 
in  and  for  the  second  district,  to-wit:  the  space  of 
grounds  bounded  by  Elm,  First,  Division  and  Second 
streets,  or  so  much  of  said  space  as  may  at  any  time  be 
unenclosed.  And  it  shall  not  be  lawful  for  any  person 
having  wood  for  sale,  to  sell  or  offer  the  same  for  sale 
at  any  place  within  the  city  except  at  one  or  the  other 
of  said  wood  stands  or  wood  markets,  nor  shall  it  be 
lawful  for  any  person  to  drive  or  haul  such  wood 
through  any  street  or  streets  of  the  city  in  search  of  a 
purchaser,  but  all  wood  brought  to  the  city  for  sale 
- shall  be  taken  to  one  or  the  other  of  said  wood  stands 
or  wood  markets,  and  there  exposed  for  sale  : Provided , 
however,  that  if  such  wood  shall  have  been  sold  or  en- 
gaged before  it  was  loaded  in  any  wagon,  sled  or  other 
vehicle,  nothing  herein  contained’  shall  require  it  to  be 
taken  to  either  of  said  wood  stands,  but  in  that  case  it 
may  be  taken  directly  to  the  purchaser  • and  provided, 
also,  that  if  any  person  shall  be  on  his  direct  or  usual 
route  to  either  of  said  stands  with  a load  of  wood,  he 
may,  if  any  person  offers  to  purchase  it,  sell  the  same  to 
the  person  so  offering,  and  deliver  the  same,  when 
measured  at  the  wood  stand ; but  he  shall  not  loiter  by 


CITY  OF  EVANSVILLE. 


185 


the  way  to  procure  a purchaser,  or  offer  the  same  for 
sale,  before  reaching  one  or  the  other  of  said  wood 
stands,  unless  first  accosted  by  some  person  proposing 
to  purchase. 

Sec.  4.  It  shall  be  the  duty  of  each  of  said  wood 
measurers  to  measure  and  inspect  all  fire^wood  brought 
to  the  stand  in  his  district,  immediately  on  its  arrival, 
and  give  to  the  owner  or  possessor  thereof  a certificate, 
setting  forth  the  quantity  of  wood  and  the  date  of  in- 
spection, making  a fair  and  reasonable  allowance  for 
crooked  and  uneven  wood,  and  for  each  load  so  mea- 
sured and  inspected  he  shall  charge  and  receive  the  sum 
of  five  cents,  to  be  paid  by  the  seller  of  such  wood. 

Sec.  5.  The  standard  .measure  for  fire-wood  within 
the  city  is  and  shall  be  as  follows,  viz  : one  hundred 
and  twenty-eight  cubic  feet  to  the  cord,  that  is,  a cord 
of  wood  shall  be  in  length  eight  (8)  feet,  in  width  four 
(4)  feet,  including  in  the  measurement  the  one-half  of 
the  kerf,  and  in  heighth  four  (4)  feet,  well  and  closely 
packed,  and  any  quantity  less  than  a cord  shall  be 
described  in  the  certificate,  either  fractionally  or  by 
cubic  feet. 

Sec.  6.  Any  person  who  shall  violate  any  provision,  or 
fail  to  comply  with  any  requirement  of  this  ordinance, 
shall,  on  conviction  thereof,  forfeit  and  pay  not  less 
than  one  nor  more  than  ten  dollars. 

Sec.  7.  This  ordinance  shall  take  effect  on  the  first 
day  of  January,  A.  D.  1865,  and  be  in  force  from  and 
after  that  day. 

W.  BAKER,  Mayor. 

Attest ; A.  Pfafflin,  Clerk. 

By  A.  M.  McGtiiff,  Deputy. 


AN  ORDINANCE  regulating  the  purchase  and  sale  of  stone  coal. 

[Passed  Octobert  3,  1867.] 

1.  Unlawful  to  buy  or  sell  stone  coal  except  such  as  weighed  at  public  scales. 

2.  Bushel  shall  be  80  pounds ; price  for  weighing. 

3.  Penalty. 


24 


186 


GENERAL  ORDINANCES 


Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  from  and  after  the  8th  day  of 
October,  1867,  it  shall  not  be  lawful  for  any  person  or 
persons  to  purchase,  or  sell,  deliver,  or  receive,  within 
the  limits  of  the  city  of  Evansville,  any  stone  coal, 
except  stone  coal  purchased  or  sold  by  -the  barge  load 
or  cargo,  unless  the  same  shall  have  been  weighed  upon 
some  one  of  the  public  scales  of  the  city,  and  a ticket, 
stating  the  quantity  in  bushels  and  fractions  of  a bushel, 
issued  by  the  weighmaster,  and  delivered  by  the  seller 
to  the  purchaser  of  the  coal. 

Sec.  2.  That  a bushel  of  stone  coal  shall  consist  of 
eighty  (80)  pounds  avoirdupois,  and  the  price  to  be 
charged  for  weighing  shall  be  as  follows,  viz : for  a 
load  not  exceeding  twenty-five  bushels,  five  cents ; and 
for  a load  exceeding  twenty-five  bushels,  ten  cents. 

Sec.  3.  Any  person  or  persons  violating  any* provi- 
sions of  this  ordinance,  either  by  purchasing  or  selling 
any  stone  coal,  without  first  causing  or  requiring  the 
same  to  be  weighed,  as  provided  by  this  ordinance, 
shall,  on  conviction,  forfeit  and  pay.  not  less  than  five, 
nor  more  than  ten  dollars. 

WILLIAM  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk.  • * 


AN  ORDINANCE  concerning  the  wharf  of  the  city  of  Evansville,  and  re- 
pealing lormer  ordinances. 

[Passed  July  28,  1864.] 

(Published  apd  in  force  August  1, 1864.) 

1.  Port  and  wharf  defined';  proviso. 

2.  All  steamboats.  &c.,  governed  by  provisions  of  this  ordinance. 

3.  Boats  not  employed  to  give  way  to  boats  receiving  or.  discharging 

freight,  &c.;  penalty.  , 

4.  Repealed,  June  7, 1870. 

5.  Rates  of  wharfage  on  barges,  &c. 

Barges,  &e.,  to  give  way  to  steamboats;  penalty. 

6.  Steamboats,  Ac.,  landing  above  or  below  the  city  wharf,  to  pay  wharf- 

age at  one-half  the  rates  fixed  by  .this  ordinance. 

7.  Wharfage  on  lumber  and  shingles. 

8.  Repealed,  March  12, 1866. 

9.  Wharfage  on  wharf-boats . 

10.  Boats  at  anchor,  or  lying  outside  of  other  boats,  to  pay  .full  wharfage.  .. 


CITY  OF  EVANSVILLE. 


187 


, 

it.  Wharfage  on  Bodiam  Mining  Company. 

12.  Persons  using  Wharf  as  place  of  storage  to  pay  wharfage  or  rent; 

> penalty. 

18.  Two  wharf-masters  to  be  appointed. 

Wharf-masters  to  be  sworn  and  give  bond. 

Duties  of  wharf-masters.  Shall  have  powers  of  policemen. 

14.  Duties  of  wharf-masters,  continued. 

15.  Wharf- masters  may  be  removed. 

16.  Penalty  for  injuring  wharf. 

17.  Provisions  of  tbis  ordinance  extended  to  Lamasco  Wharf. 

18.  Where  barges.  <fcc.,  may  be  sunk  or  beached. 

' 19.  Filth,  cinders,  &c.,  not  to  be  thrown  from  boats  at  wharf. 

20.  This  ordinance  not  to  apply  to  any  part  of  the  landing  owned  by  indi- 

viduals. 

21.  Penalty. 

22.  Repeal. 

Section  1.  Be  it  ordained  by  the  common  council  of  the 
city  of  Evansville , That  the  wharf,  landing,  and  bank  of 
. the  Ohio  River  in  front  of  that  part  of  the  city  of  Evans- 
ville lying  between  the  upper  side  of  Walnut  street  and 
the  middle  of  Division  street,  in  said  city,  shall  hereafter 
be  the  only  port  of  said  city  of  Evansville : Provided , how- 
ever,, That  it  shall  be  competent  for  any  person  to  contract 
for  the  delivery  of  any  freight  or  commodity  at  that  part 
of  the  wharf  or  landing  known  as  the  Lamasco  Wharf. 

Sec.  2.  That  all  steamboats,  rafts,  flat-boats,  or  other 
vessels  coming  to  or  landing  in  front  of  the  city  shall  be 
governed  by  the  rules  and  regulations  established  by  this 
ordinance.  „ 

Sec.  3.  That  boats  not  receiving  or  discharging  cargo 
shall  give  place  to  boats  ready  to  receive  or  discharge 
cargo  ; and  every  master,  captain,  or  owner  of  any  empty 
or  idle  boat,  or  other  person  having  charge  of  such  boat, 
refusing  or  failing  to  give  place  as  aforesaid,  when  di- 
rected to  do  so  by  the  wharf-master,  shall  forfeit  and  pay 
for  ever  such  offence  the  sum  of  twenty-five  dollars. 

Sec.  4.  Repealed  June  7th,  1870. 

Sec.  5.  That  keel-boats,  flat-boats,  barges,  and  rafts 
coming  to  or  landing  at  said  wharf  shall  pay  at  the  rate 
of  one  cent  per  foot  in  length  of  such  boat,  barge  or  raft 
for  every  day  or  fraction  of  a day  of  the  stay  of  such  boat, 
not  exceeding  five  days;  and  whenever  any  such  boat, 
barge,  or  raft  shall  ramain  at  said  wharf  more  than  five 


188 


GENERAL  ORDINANCES 


days,  double  the  above  rates  shall  be  charged  per  day  for 
any  excess  over  five  days;  and  all  keel-boats,  flat-boats, 
barges,  and  rafts  shall  give  place  to  steamboats,  and  any 
captain,  owner,  or  other  person  having  charge  of  any 
such  boat  or  raft,  and  who  shall  fail  or  refuse  to  give  place 
and  remove  the  same  when  ordered  to  do  so  by  any 
wharf- master,  shall  forfeit  and  pay  for  each  such  offence 
the  sum  often  dollars;  and  no  raft  shall  be  landed  at 
said  wharf  except  for  the  purpose  of  being  drawn  out  of 
the  water,  and  every  raft  so  landed  shall  be  forthwith  re- 
moved by  the  wharf- master. 

Sec.  6.  That  hereafter  all  steamboats,  barges,  flat-boats, 
or  other  water-craft  which  may  come  to,  remain  at  or 
use  any  part  of  the  river  bank  or  landing,  either  above 
or  below  the  city  wharf,  from  the  upper  line  of  Chestnut 
street  to  the  lower  line  of  Fifth  avenue,  shall  be  required 
to  pay  for  the  use  of  said  river  bank  or  landing  one-half 
of  the  amount  or  fee  required  to  be  paid  by  such  boat  or 
water-craft  for  landing  at  and  using  any  part  of  the  city 
wharf. 

Sec.  7.  That  fifteen  cents  per  one  thousand  feet  shall  be 
charged  on  all  lumber,  and  three  cents  per  thousand  on  all 
shingles,  delivered  at  said  wharf,  except  such  as  may  be 
delivered  by  steamboat. 

Sec.  8.  Repealed,  March  12,  1866. 

Sec,  9.  That  two  dollars  per  foot  in  length  shall  be 
charged  on  all  wharf-boats  per  annum,  which  shall  be 
paid  monthly. 

Sec.  10.  That  any  boat,  raft,  or  other  water-craft  anch- 
oring in  front  of  said  wharf,  or  lying  alongside  of  any 
other  boat  or  raft  which  may  be  in  front  of  said  wharf, 
shall  be  charged  and  required  to  pay  the  same  wharfage 
as  if  such  boat,  raft,  or  other  water-craft  was  fastened  to 
said  wharf  or  shore. 

Sec.  11.  There  shall  hereafter  be  charged  to  and  col- 
lected from  the  Bodiam  Mining  Company  the  sum  of  one 


CITY  OF  EVANSVILLE. 


189 


hundred  dollars  per  annum,  which  shall  entitle  them  to 
the  use  of  the  wharf  for  their  coal-boats;  said  annual 
wharfage  to  be  payable  in  monthly  payments  of  eight 
dollars  and  thirty-three  cents. 

Sec.  12.  That  hereafter  any  person  or  persons  wishing 
to  use  any  part  of  said  wharf  as  a place  upon  which  to 
store  or  deposit  any  goods,  merchandise,  produce,  or  other 
property  or  freight,  shall  make  application  to  a wharf- 
master  for  permission  to  do  so,  and  shall  pay  to  such 
wharf-master  for  such  permission  at  the  rate  of  sixty  dol- 
lars per  year,  payable  monthly  in  advance : Provided , 
That  no  charge  shall  be  made  in  any  case  where  goods, 
merchandise,  or  other  property  is  not  allowed  to  remain 
on  said  wharf  longer  than  ten  days ; and  if  any  person 
or  persons  shall  place  any  goods,  merchandise,  produce, 
or  other  property  or  freight  on  said  wharf,  and  allow  the 
same  to  remain  on  said  wharf  longer  than  ten  days,  with- 
out having  procured  permission  and  paid  wharfage  as 
provided  for  in  this  section,  such  person  or  persons  shall 
forfeit  and  pay,  for  ever  such  offence,  any  sum  of  money 
not  less  than  ten  nor  more  than  twenty  dollars. 

Sec.  13.  That  the  Common  Council  shall  from  time  to 
time,  at  their  discretion,  appoint  two  wharf-masters,  to 
serve  until  the  first  Monday  in  April  then  next  ensuing, 
and  until  their  respestive  successors  are  appointed  and 
qualified,  who  shall,  before  entering  upon  the  discharge 
of  the  duties  of  their  offices,  respectively  give  bond  in 
such  sum  as  the  Council  may  from  time  to  time  fix  and 
require,  and  with  such  security  as  the  Council  may  ap- 
prove, for  the  faithful  discharge  of  the  duties  of  their 
offices  respectively.  Said  wharf-masters  shall  severally 
take  and  subscribe  an  path  (before  some  officer  authorized 
to  administer  oaths)  for  the  faithful  discharge  of  their  re- 
spective duties.  They  shall  be  subject  to  the  ordinances 
of  the  city  and  the  orders  of  the  Council,  and  shall  be 
allowed  such  salary  or  compensation  as  shall  from  time 
to  time  be  fixed  by  the  Council.  They  shall  see  that  ail 


190- 


GENERAL  ORDINANCES 


boats  and  rafts  chargeable  with  wharfage  pay  the  same, 
and  that  the  provisions  of  the  ordinances  of  the  city  re- 
lative to  the  wharf  are  complied  with.  They  shall  have 
power  to  cause  all  boats  and  rafts  to  moor  and  lie  at  said 
wharf  in  such  manner  .as  may  in  their  opinion  best  pro- 
mote the  convenience  of  all  boats  lying  at  or  near,  or 
coming  to,  said  wharf.  They  shall,  in  their  discretion, 
cause  empty  boats  and  small  craft  to  be  removed,  to  give 
place  to  other  boats.  And  the  said  wharf-masters  are 
hereby  vested  with  the  power  of  police  officers  of  said 
city  for  the  suppression  of  riots  and  disorderly  conduct  at 
the  river,  and  on  or  about  said  wharf,  or  upon  any  boat 
or  water-craft  lying  at  said  wharf,  or  elsewhere  within 
said  city. 

Sec.  14.  Said  wharf-master  shall  keep,  in  some ’con- 
venient place  at  or  near  said  wharf,  a book  or  register,  in 
which  they  shall  enter  the  name  and  tonnage  of  every 
steamboat  coming  to  or  landing  at  said  wharf,  the  time 
of  the  arrival  of  such  boat,  the  place  of  departure  and 
% destination  of  such  boat  (if  known),  and  the  amount  of 

wharfage  chargeable  to  and  paid  by  such  boat ; they  shall 

» 

also  register  all  flat-boats,  barges,  rafts,  and  other  water- 
craft, with  the  wharfage  chargeable  to  and  paid  thereon, 
as  well  as. an  account  of  all  wharfage  chargeable  to  and 
collected  upon  lumber,  shingles,  wharf-boats,  and  all  other 
revenue  which  may  accrue  from  the  use  of ‘said  wharf; 
which  book  or  register  shall  be  exhibited  to  the  Common 
Council,  or  any  committee  or  person  appointed  by  them, 
as  often  as  may  be  required  by  the  Council.  Reports  of 
the  amount  of  revenue  accruing  from  the  use  of  the 
wharf  and  landing  shall  be  made  to  the  Common  Council 
by  the  wharf-master,  weekly  or  oftener,  as  the  Council 
may  from  time  to  time  require,  and  in  such  form  as  the 
Council  may  prescribe  or  approve  : and  said  wharf-mas- 
ters shall,  at  least  once  in  every  week,  pay  over  to  the 
City  Treasurer  all  wharfage  collected  by  them  respect- 
ively. 

Sec.  15.  The  Common  Council  may  at  any  time,  in 


< 


CITY  OF  EVANSVILLE. 


191 


their  discretion,  remove  any  wharf-master,  and  appoint 
another  in  his  stead. 

Sec.  16.  Any  person  or  persons  who  may  hereafter  dig 
any  hole  or  holes  in  the  wharf,  or  break  through  the  gravel 
or  paved  surface  thereof,  by  sparring  off  or  removing  any 
boat,  or  in  any  other  manner,  shall  for  ever  such  offence 
forfeit  and  pay  any  sum  not  less  than  twenty  nor  more 
than  fifty  dollars. 

Sec.  17.  All  the  provisions  of  this  ordinance  in  relation 
to  the  city  wharf,  and  all  penalties  herein  fixed  and  pre- 
scribed, shall  apply  to  the  Lamasco  wharf. 

Sec.  18.  It  shall  be  unlawful  for  any  person  or  persons 
hereafter  to  cause  or  permit  any  flat-boat,  barge,  or  other 
watercraft  to  be  sunk  or  beached  at  any  point  upon  the 
wharf  or  landing  within  the  city  of  Evansville,  except  at 
the  following  places,  viz:  The  spaces  between  Walnut 
and  Cherry  streets,  and  between  Fulton  avenue  and  Fifth 
. avenue ; and  whenever  any  such  boat  or  water-craft 'may 
be  sunk  or  beached  at  any  point  or  place*  upon  said  wharf 
or  landing,  the  owner  or  claimant  of  such  boat  or  water- 
craft shall  be  required  to  pay  the  fee  or  rate  of  wharfage 
or  landing  charge  fixed  by  this  ordinance  for  every  day 
such  boat  or  water-cralt  may  remain  at  said  landing  or 
wharf,  until  it  shall  be  removed. 

Sec.  19.  It  shall  hereafter  be  unlawfuUfor  any  captain, 
owner,  or  other  person  having  charge  of  or  commanding 
any  steamboat  moored  to  or  lying  at  either  of  said 
wharves,  river  bank,  or  landing,  to  cause  or  permit  the 
furnaces  or  grates  of  such  boat  to  be  cleaned  while  lying 
at  or  opposite  said  wharves  or  landing,  or  to  cause  or  per- 
mit any  cinders,  ashes,  or  other  rubbish  to  be  thrown  from 
such  boat  while  at  or  near  said  wharves  or  landing. 

Sec.  20.  None  of  the  provisions  of  this  ordinance  shall 
be  held  to  apply  to  any  part  of  the  river  bank  or  landing 
which  may  be  owned  by  parties  other  than  the  city  of 
Evansville. 

Sec.  21.  Any  person  or  pejrsons  who  may  neglect  any 
of  the  duties  or  violate  any  of  the  provisions  of  this  or- 


192  * 


GENERAL  ORDINANCES 


dinance  shall  forfeit  and  pay,  for  ever  such  violation  or 
neglect,  not  less  than  ten  nor  more  than  three  hundred 
dollars,  except  in  the  case  of  such  omissions  or  violations 
as  are  specifically  provided  for. 

Sec.  22.  All  ordinances  in  relation  to  either  of  said 
wharves  heretofore  passed  are  hereby  repealed,  and  this 
ordinance  to  take  effect  and  be  in  force  from  and  after  the 
first  day. of  August,  A.  D.  1864. 

W.  BAKER,  Mayor. 

Attest:  A.  Pfafflin,  Clerk. 


AN  ORDINANCE  to  amend  an  ordinance  passed  July  28,  1864,  entitled  “ An 

Ordinance  concerning  the  wharf  ot  the  city  of  Evansville,  and  repealing 

former  ordinances. ” 

[Passed  March  24,  1865.] 

(Published  and  in  force  March  28,  1865.) 

1.  Repealed  March  12, 1866. 

2.  Repealed  May  12,  1865. 

8.  Captain  or  owner  falsely  pretending  that  boat  is  in  Government  service" 
Penalty. 

4.  No  city  wharf-master  to  be  employed  as  wharf-master  for  any  private 

individual. 

5.  Repeal. 

6.  Penalty.  , 

Section  3.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  any  owner,  captain,  clerk,  or 
other  person  having  charge  of  any  steamboat  or  other 
water-craft  which  may  come  to  or  use  any  part  of  said 
wharf  or  landing,  who  shall  falsely  allege  or  pretend 
that  such  boat  or  water-craft  is  owned  or  chartered  by 
the  Government  of  the  United  States,  and  by  reason 
thereof  claim  to  be  exempt  from  the  payment  of 
wharfage,  and  thereupon  neglect  or  refuse  to  pay 
wharfage  at  the  rate  specified  and  fixed  by  the  ordi- 
nances of  the  city,  shall  for  every  such  offense  forfeit 
and  pay  any  sum  not  exceeding  one  hundred  dollars  2 
Provided , That  steamboats  and  other  water-craft  be- 
longing to,  or  chartered  by  the  Government  of  the 
United  States,  shall  not  be  required  to  pay  any  wharfage. 

Sec.  4.  That  it  shall  be  unlawful  for  any  wharf-master 
of  the  city  of  Evansville  to  be  engaged  or  employed  as 


CITY  OF  EVANSVILLE. 


' 193 


wharf-master  or  wharf  superintendent  for  any  person 
or  persons  owning  any  part  of  the  wharf  or  river  land- 
ing, nor  shall  it  be  lawful  for  any  wharf-master  of  the 
city  of  Evansville  to  collect  any  wTharfage  except  such 
as  may  accrue  to  the  city  of  Evansville  upon  boats,  &c., 
landing  at  either  of  the  wharves  belonging  to  said  city. 

Sec.  5.  So  much  of  said  .ordinance  of  July  28,  1864, 
as  is  in  conflict  with  the  provisions  of  this  ordinance,  is 
hereby  repealed. 

Sec.  6.  Any  person  or  persons  who  may  neglect  any 
of  the  duties  prescribed  by  the  first,  second  or  fourth 
sections  of  this  ordinance,  or  violate  any  of  the  provi- 
sions of  the  same,  shall,  on  conviction,  forfeit  and  pay 
any  sum  not  less  than  twenty-five  nor  more  than  fifty 
dollars, 

W.  BAKER,  Mayor. 

Attest:  A.  Pfafflin,  Clerk. 

AN  ORDINANCE  in  relation  to  wharfage  to  be  charged  on  tobacco,  at  the 
wharf  of  the  city  of  Evansville . 

■ [Passed  May  12,  1865?] 

(Published  and  in  force  May  19, 1865.) 

1.  Tobacco  remaining  on  wharf  more  than  seven  days  to  pay  wharfage. 

2.  Repeal. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  if  any  tobacco  hereafter  dis- 
charged at  said  wharf  shall  be  permitted  to  remain  on 
said  wharf  for  more  than  seven  days,  from  the  time  of 
its  delivery,  such  tobacco  shall  be  charged  wharfage  at 
the  rate  of  five  cents  per  hogshead  for  each  day  or 
fraction  of  a day  such  tobacco  may  remain  upon  said 
wharf  after  the  expiration  of  seven  days  from  the  time 
of  its  delivery  upon  said  wharf;  and  ,anv  owner  or 
consignee  of  any  tobacco  placed  upon  said  wharf,  and 
permitted  to  remain  there  for  more  than  seven  days, 
and  failing  to  pay  wharfage  on  the  same  as  fixed  and 
prescribed  by  this  ordinance,  shall  forfeit  and  pay  a^r 
sum  not  less  than  five  nor  more  than  twenty  dollars. 

25 


194 


GENERAL  ORDINANCES 


Sec.  2.  That  the  second  section  of  an  ordinance 
passed  March  24,  1865,  entitled  “ An  ordinance  to 
amend  an  ordinance  passed  July  28,  1864,  entitled  4 An 
ordinance  concerning  the  wharf  of  the  city  of  Evans- 
ville, and  repealing  former  ordinances,’  ” be  and  the 
same  is  hereby  repealed. 

W.  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  to  prohibit  steamers  from  blowing  or  sounding  their 
whistles  at  the  wharf  or  landing  of  the  city  of  Evansville. 

[Passed  March  2,  1868.] 

1.  Unlawful  for  steamers  to  blow  their  whistles  at  the  wharf. 

2.  Penalty. 

3.  To  take  effect. 

‘ Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  hereafter  be  unlawful 
for  the  master,  owner,  pilot  or  other  officer  or  person 
having  the  charge  or  command  of  any  steamer  coming 
to  or  remaining  at  either  of  the  wharves,  or  at  any 
point  of  the  river  bank  or  landing  in  front  of  said  city, 
to  cause,  permit,  or  allow  the  whistle  of  such  steamer 
r’to  be  blown  or  sounded  at  any  time  when  such  steamer 
is  moored  or  placed  at  either  of  said  wharves,  or  at  any 
part  of  the  river  bank  or  landing  in  front  of  said  city. 

Sec.  2.  Any  persoiuor  persons  violating  the  provisions 
of  this  ordinance  shall,  on  conviction,  forfeit  and  pay 
any  sum  not  less  than  ten  dollars,  nor  more  than  twenty- 
five  dollars. 

Sec.  3.  That  this  ordinance  shall  take  effect  and  be  in 
force  from  and  after  the  ninth  day  of  March,  1868. 

WILLIAM  BAKER,  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 


A SUPPLEMENT  to  an  ordinance  passed  July  28,  1864,  entitled  “An  Ordi- 
nance concerning  the  Wharf  of  the  city  of  Evansville,  and  repealing  for- 
mer ordinances.” 


CITY  OF  EVANSVILLE. 


195 


[Passed  June  28,  1869.] 

1.  Unlawful  to  place  any  building  on  the  wharf. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  hereafter  be  unlawful 
for  any  person  or  persons  to  erect,  build  or  place,  or 
cause  to  be  erected,  built  or  placed,  any  house,  store- 
house, shop,  shed,  or  building  on  any  wharf  of  said 
city,  or  on  the  shore  of  the  Ohio  river,  whether  the 
same  be  a public  or  private  wharf,  between  Water 
street  and  said  river,  or  between  Front  street  and  said 
river,  in  front  of  or  adjoining. said  city. 

Sec.  2.  Any  person  or  persons  violating  the  provi- 
sions of  this  ordinance  shall,  on  conviction,  forfeit  and 
pay  the  sum  of  one  hundred  dollars,  and  shall  also  for- 
feit and  pay  the  sum  of  one  hundred  dollars  for  each 
and  every  day  during  which  any  such  person  or  per- 
sons shall  suffer  or  permit  any  such  house,  building  or 
structure  (erected  contrary  to  the  provisions  of  this  or- 
dinance) to  remain  upon  any  such  wharf  or  shore  of 
said  river. 

WILLIAM  H.  WALKER,  Mayor.: 

Attest : A.  M.  McGriff,  Clerk. 

AN  ORDINANCE  in  relation  to  private  and  public  wharves,  and  the  shore 
of  the  Ohio  river  in  front  of  the  city  of  Evansville,  declaring  certain 
things  thereon  erected  or  placed  to  be  nuisances,  and  providing  for  the 
establishment  of  a water  line,  as  high  water  mark. 

[Passed  February  17,  1870.] 

1.  Any  structure  erected  on  the  wharf  declared  a nuisance. 

2.  Penalty. 

3.  Surveyor  to  report  the  water  line. 

Section  1.  Be  it  ordained  by  the  Common  Coundil  of  the 
City  of  Evansville , That  any  house,  store-house,  ware- 
house, shop,  shed,  "or  structure  of  any  kind  whatsoever, 
or  any  part  thereof,  hereafter  erected  or  placed  on  any 
private  or  public  wharf,  or  on  any  place  for  the  landing 
of  boats  or  water  crafts  of  any  kind  whatever,  naviga- 
ting or  brought  to  said  city,  upon  the  waters  of  the 
Ohio  river,  or  on  any  part  of  the  shore  of  said  river, 


196  ' GENERAL  ORDINANCES 

below  the  line  of'  high  water  mark,  at  any  place  within 
the  corporate  limits  of  the  city,  of  Evansville,  is  hereby 
declared  to  be  a nuisance. 

Sec.  2.  That  any  person  or  persons  who  shall  erect  or 
place,  or  cause  to  be  erected  or  placed,  any  house, 
store-house,  ware-house,  shop,  shed  or  other  building  or 
structure  of  any  kind  whatsoever,  or  any  part  thereof, 
below  high  water  mark,  at  any  point,  upon  any  private 
or  public  wharf  or  any  part  of  the  shore  of  the  Ohio 
river,  within  the  corporate  limits  of  the  city  of  Evans- 
ville, contrary  to  the  provisions  of  this  ordinance,  shall, 
on  conviction,  forfeit  and  pay  the  sum  of  one  hundred 
dollars  for  every  such  offense,  and  the  further  sum  of 
one  hundred  dollars  for  each  day  during  which  any 
such  house  or  structure  shall  be  permitted  to  remain' 
upon  such  wharf  or  river  shore,  below  high  water 
mark,  as  aforesaid. 

Sec.  8".  That  it  shall  he  the  duty  of  the  City  Sur- 
veyor, as  soon  as  practicable  after  the  passage  of  this 
ordinance,  to  survey  and  mark  the  line  of  high  water 
mark,  upon  and  along  the  wharves  and  shore  of  said 
Ohio  river,  in  front  of  and  within  the  corporate  limits 
of  the  city  of  Evansville,  and  return  to  the  Common 
Council  of  said  city,  a report  of  said  survey,  with  a plat 
or  diagram  of  the  same,  showing  at  or  opposite  all 
street  intersections,  the  distance  from  the  upper  line  of 
Water  street  and  the  line  of  Front  street  to  the  line  of 
high  water  mark  ; said  line  to  be  designated  and  known 
as  the  Water  Line  of  the  city  of  Evansville. 

WILLIAM  H.  WALKER,  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 


AN  ORDIDANCE  to  amend  section  4 of  an  ordinance  passed  July  28,  1854, 
entitled  *•  An  Ordinance  concerning  the  Wharf  of  the  city  of  Evansville,” 
and  repealing  former  ordinances. 

[Passed  June  7,  1870.] 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 


CITY  OF  EVANSVILLE.  ' 197 


City  of  Evansville , That  the  following  shall  be  the  rates 
of  wharfage  which  shall  be  charged  on  all  boats  of 
every  kind  which  may  come  to  or  use  said  Wharf,  viz  : 
For  landing,  receiving,  or  discharging  freight  or  pas- 
sengers, and  remaining  at  said  Wharf  any  length  of 
time  not  exceeding  twenty-four  hours  : 


The  Steamboats  of  less  than  50  tons 

burthen 

* « 

44 

“ 50  to  75 

44 

44 

2 50 

a 

44 

“ 75  to  100 

44 

44 

• i 

44 

“ 100  to  150 

44 

44 

a 

44 

“ 150  to  200 

44 

44 

4 4 

44 

“ 200  to  250 

4 4 

44 

44 

44 

“ 250  to  300 

44 

44 

44 

44 

**  300  to  350 

44 

44. 

44 

44 

“ 350  to  400 

44 

44 

44 

44 

“ 400  to  500 

44 

44 



44 

44 

“ 500  to  600 

44 

44 

44 

46 

“ 600  to  700  " 

44 

44 

13  50 

44 

44 

“ 700  to  800 

44 

€• 

44 

44 

“ 800  and.upwards 

• 4 

17  80 

i %■  --j*  > 

And  for  each  additional  twenty-four  hours,  or  fractional 
part  thereof,  one  half  of  above  charges. 

Sec.  2.  So  much  of  section  4 of  the  ordinance  passed 
July  28,  1864,  as  is  in  conflict  with  this  ordinance,  is 


hereby  repealed. 


WILLIAM  H.  WALKER,  Mayor. 
Attest:  William  Helder,  Clerk. 


AN  ORDINANCE  amending  section  11  of  an  ordinance  entitled  “ An  Ordi- 
nance concerning  the  wharves  of  the  city  of  Evansville,”  and  repealing 
former  ordinances. 

[Passed  June  20,  1870.] 

1.  In  relation  to  that  portion  of  the  Wharf  set  aside  for  coal  boats,  and  the 

wharfage  of  such  boats. 

2.  Repealing  ordinances  in  conflict  with  this. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  a certain  portion  of  the  City 
Wharf  be  set  aside,  under  the  direction  of  the  Wharf 
Committee  of  the  Council,  for  the  use  of,  and  laying  up 
of  coal  boats,  and  that  the  sum  to  be  charged  on  same 
for  use  of  the  Wharf  as  above,  will  be  three  ($3  00)  dol- 
lars per  lineal  foot  per  annum,  when  engaged  by  the 
year,  otherwise,  one  dollar  and  fifty  cents  ($1  50)  for 
each  and  every  day  occupied  by  said  class  of  boats  ; 
and  in  case  any  coal  dealer  should  fail  to  provide  him- 


198 


GENERAL  ORDINANCES 


self  with  a space  on  the  City  Wharf  as  above,  there 
shall  be  collected  from  each  and  every  coal  boat  landed 
at  the  Wharf  or  on  the  outside  of  any  steamboat  or 
wharf-boat,  the  sum  of  one  dollar  for  every  time  landed. 

Sec.  2.  Any  ordinance  conflicting  with  this  be  and  is 
hereby  repealed. 

WILLIAM  H.  WALKER,  Mayor. 

Attest : William  Helder,  Clerk. 


AN  ORDINANCE  to  provide  for  lighting  the  City  of  Evansville  with  gas. 

[Passed  June  4,  1852.] 

(Published  and  in  force  June  15, 1852  ) 

1.  Exclusive  privilege  granted  to  Jeffrey  & Co. 

Pipes  not  to  interfere  with  grade  or  drainage . 

2.  Notice  of  intention  to  break  ground  to  be  given  to  Council. 

{Streets  not  to  be  unnecessarily  obstructed. 

Grantees  to  repave  and  repair  streets. 

3T  Quality  and  quantity  of  gas  to  be  furnished. 

4.  City  to  pay  half  price  for  gas.  ' 

5.  Lamps,  posts,  &c. , to  be  furnished  at  expense  of  city. 

6.  Quality  and  quantity  of  gas  to  be  furnished  for  private  use. 

Maximum  price  thereof. 

7.  Gas  how  measured. 

8.  How  city  may  extend  gas  pipes. 

9.  Conditions  annexed  to  grant  of  privileges. 

10.  Gas  works  not  to  become  a nuisance. 

11.  After  thirty  years,  city  may  purchase  gas  works. 

12.  Ordinance  when  in  force. 

13.  First  section  how  to  be  construed . 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  from  and  after  the  passage  of 
this  ordinance,  there  is  and  shall  be  granted  and  secured 
to  John  Jeffrey  & Co.,  of  Cincinnati,  Ohio,  and  asso- 
ciates, their  successors  and  assigns,  the  exclusive  priv- 
ilege of  laying  pipes  for  conducting  gas  under  all  the 
streets,  lanes,  alleys  and  public  grounds  and  thorough- 
fares, which  are  now  or  may  hereafter  be  in  the  city  of 
Evansville,  for  the  period  of  fifty  years  from  the  first 
day  of  June,  A.  D.  1852 : Provided , That  the  said  pipes 
shall  be  so  laid  as  not  to  interfere  with  the  drainage  or 
sewerage  of  said  city,  or  with  the  grade  or  form  of  the 
streets,  alleys,  lanes,  public  grounds  or  thoroughfares- 


CITY  OF  EVANSVILLE. 


199 


aforesaid,  as  the  same  may  be  from  time  to  time  fixed, 
ordered  or  established  bv  the  said  Common  Council,  or 
other  competent  authority. 

Sec.  2.  That  whenever  the  said  John  Jeffrey  & Co., 
and  associates,  their  successors  and  assigns,  shall  desire 
to  open  or  break  up  the  surface  of  any  such  street,  lane, 
alley,  public  ground  or  thoroughfare,  for  the  purpose 
of  laying  down  gas  pipes,  they  shall  give  notice  thereof 
to  the  Common  Council  aforesaid,  three  days  previous 
to  the  commencement  of  the  work,  and  they  shall  not, 
during  the  progress  of  the  work,  unnecessarily  or  un- 
reasonably obstruct  the  passage  of  persons,  or  drays* 
carts  or  other  vehicles  to  or  along  any  such  street,  lane,  al- 
ley or  thoroughfare  or  public  ground;  and  they  shall  pro- 
ceed, with  all  reasonable  diligence,  to  lay  the  said  pipes 
where  the  surface  is  so  opened  or  broken  up;  and  with- 
in a reasonable  time,  not  exceeding  twenty  days  after 
the  pipes  are  laid,  repave  and  repair  the  streets,  lanes, 
alleys,  public  grounds  and  thoroughfares  opened  or  bro- 
ken up  as  aforesaid,  in  such  manner  as  shall  be  ap- 
proved by  said  Common  Council  or  other  competent 
authority. 

Sec.  3.  That  the  said  John  Jeffrey  & Co.,  and  asso- 
ciates, their  successors  and  assigns,  shall  from  time  to 
time,  and  at  all  times,  furnish  to  the  city  of  Evansville, 
for  the  public  use  and  benefit,  such  quantities  of  gas  of 
the  most  approved  quality  for  lighting  cities,  upon  the 
several  streets,  lanes,  alleys  and  thoroughfares,  in  which 
gas  pipes  shall  be  laid,  and  upon  the  public  grounds  and 
in  public  buildings  adjacent  thereto,  as  may  be  from 
time  to  time  required  by  the  Common  Council  afore- 
said, or  other  competent  authority. 

Sec.  4.  For  the  gas  furnished  and  consumed  for  the 
public  benefit,  as  provided  for  in  the  last  preceding  sec- 
tion, the  city  of  Evansville  will  pay  to  the  said  John 
Jeffrey  & Co.,  and  associates,  their  successors  and  as- 
signs, one-half  the  price  per  cubic  foot  at  which  gas 


200 


GENERAL  ORDINANCES 


shall  be  furnished  by  them  to  citizens  of  Evansville  for 
private  consumption,  as  hereinafter  provided. 

Sec.  5.  All  public  lamps  and  lamp-posts,  and  fittings 
and  fixtures  belonging  thereto,  will  be  provided  and 
erected  at  the  expense  of  the  city  of  Evansville,  and 
the  necessary  service  pipes  leading  to  and  connecting 
therewith,  shall  be  supplied  by  and  at  the  expense  of 
the  said  John  Jeffrey  & Go.,  and  associates,  their  sue- 
cessors  and  assigns. 

Sec.  6.'  The  said  John  Jeffrey  & Co.,  and  associates, 
their  successors  and  assigns,  shall  at  all  times  supply 
the  inhabitants  of  the  city  of  Evansville  for  private  use, 
in  the  most  approved  manner,  with  a sufficient  quantity 
of , gas  of  the  most  approved  quality,  at  as  low  a price 
per  cubic  foot  of  gas  consumed  as  the  same  quality  of 
gas  shall  be  furnished  for  the  same  purpose  to  the  in- 
habitants of  any  city  or  town  in  Ohio,  Kentucky  or  In- 
diana, of  equal  or  greater  population  than  the  city  of 
Evansville,  similarly  situated:  Provided,  That  the  price 
to  be  charged  to  the  inhabitants  of  the  city  of  Evans, 
ville  for  gas  so  provided,  shall  in  no  case  exceed  three 
dollars  per  thousand  cubic  feet  of  gas  consumed : And 
provided,  also,  That  the  said  John  Jeffrey  & Co.,  and  as- 
sociates, their  successors  and  assigns,  shall  not  be  re- 
quired to  provide  gas  as  aforesaid  for  private  consump- 
tion to  persons  whose  premises  are  not  within  a reason- 
able distance  of  a supply  pipe  already  laid,  nor  to  any 
person  who  will  not  pay  for  gas  monthly  in  advance,  if 
required:,  por  shall  they  be  required,  after  laying  the 
three  miles  of  pipe  hereinafter  provided  for,  to  extend 
the  supply  pipe,  unless  the  demand  for  gas  to  be  sup- 
plied thereby  shall  afford  a reasonable  prospect  of  fair 
remuneration. 

Sec.  7.  The  amount  of  gas  consumed  shall  be  ascer- 
tained by  metre  measurement  in  the  usual  way. 

Sec.  8.  If  the  Common  Council  should  at  any  time 
wish  to  light  with  gas  anv  street,  public  building  or 


CITY  OF  EVANSVILLE/ 


201 


other  place  not  adjacent  to  or  within  a reasonable  dis- 
tance of  any  pipe  at  the  time  already  laid,  and  where 
the  said  John  Jeffrey  & Co.,  and  associates,  their  suc- 
cessors and  assigns,  would  not  be  required  to  lay  pipe 
according  to  the  true  intent  and  meaning  of  this  ordi- 
nance, and  the  said  John  Jeffrey  & Co.,  and  associates, 
their  successors  and  assigns,  should  refuse  to  lay  and 
supply  the  necessary  pipes  for  that  purpose,  then  the 
City  Council  shall  have  the  privilege  of  extending  the 
gas-pipes  and  erecting  such  number  of  public  gas-lamps 
for  the  purpose  aforesaid  as  they  shall  deem  proper,  and 
the  said  public  lamps  shall  be  furnished  with  gas  on  the 
same  terms  as  .the  other  public  gas-lamps  of  the  city, 
and  the  main  gas-pipes  laid  down  at  the  expense  of  the 
city,  shall  not  directly  or  indirectly  be  used  for  furnish- 
ing gas  except  far  public  city  uses,  nor  shall  other  gas- 
pipes  be  laid  down  within  the  same  portions  of  said 
streets,  lanes,  alleys  or  other  public  grounds  by  said 
John  Jeffrey  & Co.,  and  associates,  their  successors 
and  assigns,  until  the  whole  amount  expended  by  the 
City  Council  in  laying  gas-pipes,  be  refunded  to  the  City 
Council,  when  the  said  pipes  shall  become  the  property 
of  said  Jeffrey  & Co.,  and  associates,  their  successors 
and  assigns. 

Sec.  9.  That  the  privileges  granted  by  this  ordinance 
to  said  Jeffrey  & Co.,  and  associates,  their  successors  and 
assigns,  are  upon  this  condition,  that  they  shall,  on  or 
before  the  first  of  January,  1854,  have  completed  the 
requisite  apparatus  for  manufacturing  gas,  and  shall 
have  laid  in  connection  therewith  three  miles  of  main 
pipe  in  the  streets  of  Evansville,  and  shall  further  lay 
from  time  to  time  additional  main  pipe  each  succeed- 
ing year  thereafter  in  all  - the  streets  .and  alleys,  when- 
ever the  same  shall  be  required- as  above  provided. 

Sec.  10.  ‘That  the  work  and  operations  of  said  gas  ’ 

works  shall  be  so  constructed  and  arranged  that  there 

20 

* 


202 


GENERAL  ORDINANCES 


shall  be  occasioned  no  injury  to  the  health  or  comfort 
of  the  citizens  of  Evansville. 

Sec.  11.  That  at  any  time  after  the  expiration  of 
thirty  years  from  the  first  day  of  June,  1852,  the  said 
City  Council  shall  have  the  right  and  privilege  of  pur- 
chasing  of  the  said  Jeffrey  & Co.,  and  associates,  their 
successors  and  assigns,  all  the  pipes,  buildings  and  ap- 
paratus constituting  the  gas  works,  at  such  prices  as 
may  be  ascertained  and  determined  by  five  disinterested 
persons,  citizens  of  Kentucky,  two  of  whom  shall  be 
chosen  by  the  City  Council,  and  two  by  said  Jeffrey  & 
Co.,  and  associates,  their  successors  and  assigns,  and 
the  fifth  by  the  four  so  chosen. 

Sec.  12.  That  this  ordinance  shall  take  effect  and  be 
binding  upon  the  city  of  Evansville  so  soon  as  the 
said  Jeffrey  & Go.  shall  signify  their  assent  thereto  in 
writing. 

Sec.  13.  The  first  section  of  this  ordinance  shall  be  so 
construed  that  where  gas  pipes  shall  be  laid  in  any  part 
of  the  city  where  the  grade  and  sewerage  of  the  city 
shall  have  been  established  at  the  time,  and  so  laid  as 
not  to  interfere  with  the  grade,  sewerage  or  drainage  so 
established,  if  the  Council  shall  afterwards  so  change 
the  grade,  sewerage  or  drainage  as  to  thereby  render 
necessary  any  alteration  of  the  pipes  in  position  or  oth- 
erwise, the  expense  of  making  such  change  shall  be 
paid  by  the  city  of  Evansville. 

JAMES  G.  JOKES,  Mayor. 

Attest:  John  J.  Chandler,  Clerk. 


We,  John  Jeffrey  & Co.,  the  firm  named  in  the  above 
ordinance,  do  assent  to  the  above  ordinance,  and  agree 
to  erect  gas  works,  lay  pipes,  and  furnish  gas  as  pro- 
vided for  in  said  ordinance,  and  upon  the  terms  and 
conditions  therein  specified. 

Witness  our  hands  the  fifteenth  day  of  June,  A.  D. 
1852.  JOHN  JEFFREY  & CO. 


CITY  OP  EVANSVILLE. 


203 


AN  ORDINANCE  for  the  protection  of  the  public  gas-lights  within  the  city 

of  Evansville. 

[Passed  September  10,  1853.] 

(Published  and  in  force  September  15,  1853.) 

1.  Penalty  for  injuring  gas-lamps. 

2.  Penalty  for  violating  rules  of  gas  company. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  if  any  person  shall  intention- 
ally or  unnecessarily  injure  or  destroy  any  of  the  pub- 
lic gas-lamps,  posts,  or  lanterns  within  said  city,  or  any 
portion  of  the  gas-works  of  the  Evansville  Gas-Light 
Company,  or  any  portion  of  the  fixtures  thereunto  be- 
longing, situated  within  the  corporate  limits  of  said 
city,  the  person  or  persons  so  offending  shall,  for  every 
such  offense,  forfeit  and  pay  any  sum  not  less  than  five 
nor  more  than  fifty  dollars. 

Sec.  2.  If  any  person  shall  willfully  open  a communi- 
cation into  any  gas-pipe  of  said  company,  situated 
within  the  corporate  limits  aforesaid,  or  who  shall, 
within  said  city,  let  on  gas  in  any  building  or  lamp  after 
it  has  been  stopped  according  to  the  printed  rules  of 
said  company,  the  person  or  persons  so  offending  shall, 
for  every  such  offense,  forfeit  and  pay  any  sum  not  less 
than  twenty-five  nor  more  than  one  hundred  dollars. 

JOHN  S.  HOPKINS,  Mayor. 

Attest : Georoe  H.  Todd,  Clerk. 


AN  ORDINANCE  supplemental  to  an  ordinance  passed  June  4th,  1852,  enti- 
tled An  Ordinance  to  provide  for  lighting  the  city  of  Evansville  with 
gas.” 

[Passed  August  1,  1857.] 

(Published  and  in  force  August  14,  1857.) 

1.  Terms  on  which  gas-pipes  may  be  extended. 

2.  Gas  company  to  place  amount  advanced  to  credit  of  city. 

3.  Monthly  bills  to  be  rendered  to  city  by  gas  company. 

4.  When  this  ordinance  to  take  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  the  Common  Council 
of  said  city  shall  desire  to  extend  the  gas-pipes  to  or 


204 


GENERAL  ORDINANCES 


along  any  street,  lane,  alley,  public  grounds,  or  thor- 
oughfare of  said  city,  or  to  any  point  in  such  street, 
lane,  alley,  public  grounds,  or  thoroughfare,  and  shall 
furnish  and  advance  to  the  gas  company  mentioned  and 
designated  in  the  original  ordinance  to  which  this  is  a 
supplement,  by  the  name  of  John  Jeffrey  & Co.,  or  the 
successors  or  assigns  of  said  gas  company,  a sum  of 
money  sufficient  to  defray  the  reasonable  cost  and  ex- 
pense of  procuring  such  gas-pipes  and  laying  them 
down  along  the  proposed  line  of  extension,  it  shall  be 
the  duty  of  said  gas  company,  without  any  unnecessary 
delay,  to  lay  down  gas  or  service  pipe  along  such  street, 
lane,  alley,  public  grounds,  or  thoroughfare,  or  to  such 
point  therein  as  the  Common  Council  may  direct,  the 
city  furnishing  the  means  to  procure  and  erect  the  pub- 
lic lamps,  lamp-posts,  and  fittings  and  fixtures,  as  pro- 
vided for  in  said  original  ordinance,  and  the  said  gas 
company  shall  furnish  to  the  city,  along  such  line  or 
extension,  gas  to  be  consumed  for  the  public  benefit,  at 
the  same  rate  at  which  it  is  or  may  be  furnished  for 
the  like  purpose  in  other  parts  of  the  city,  and  the 
said  gas  company  shall  also  furnish  gas  for  private  con- 
sumption along  such  line  of  extension  at  the  same  rate 
at  which  it  is  or  may  be  furnished  to  private  consumers 
in  other  parts  of  the  city. 

Sec.  2.  The  city  shall  be  credited  on  the  books  of 
said  gas  company  with  the  amount  advanced  for  each 
and  every  such  new  line  of  extension,  and  shall  be 
charged  on  said  books  with  all  the  gas  consumed  on 
such  line,  both  by  the  city  and  by  private  consumers, 
and  whenever  the  amount  thus  consumed  equals  the 
cost  of  procuring  and  laying  down  the  service  pipe 
along  any  such  new  line,  the  pipe  along  such  line  shall 
become  the  property  of  said  gas  company,  in  the  same 
manner  and  to  the  same  extent  as  if  it  had  originally 
been  purchased  and  laid  down  with  the  means  of  the 
gas  company;  and  until  such  pipe  so  becomes  the  prop- 


CITY  OF  EVANSVILLE. 


205 


erty  of  the  gas  company,  the  city  shall  be  entitled  to 
collect  and  receive  from  private  consumers  along  such 
line  the  price  of  all  gas  used  by  them,  or  the  city  may, 
at  its  option,  require  said  gas  company  to  make  the  col- 
lections from  private  consumers  along  such  line,  and 
account  to  the  city  for  the  same : Provided , That  any 
advance  made  by  the  city  under  this  ordinance  shall  not 
bear  interest,  and  shall  not  be  payable  otherwise  than 
in  gas,  as  above  provided,  unless  the  gas  cbmpany 
should  fail  within  a reasonable  time  after  receiving  the 
advance  to  furnish  gas  along  the  proposed  line  of  ex- 
tension, according  to  the  provisions  of  the  first  section 
of  this  ordinance. 

Sec.  3.  Until  the  service  pipe  on  any  new  line  con- 
templated by  this  ordinance  shall  have  become  the 
property  of  the  gas  company  under  the  provisions  of 
the  last  section,  the  said  company  shall  render  to  the 
city  monthly  bills  or  accounts  of  the  gas  used  on  such 
line,  showing  how  much  gas  was  used  by  the  city,  and 
how  much  by  each  private  consumer  on  such  line  during 
the  previous  month. 

Sec.  4.  This  ordinance  shall  not  take  effect  or  be 
binding  upon  the  city  of  Evansville  until  the  said  gas 
company  shall  file  with  the  City  Clerk  the  assent  of 
said  company  thereto  in  writing ; and  upon  the  filing 
of  said  assent,  this  ordinance  shall  take  effect  and  shall 
be  published  by  said  Clerk. 

JOHN  HEWSON,  Mayor. 

Attest : Well.  H.  Walker,  Clerk. 

Evansville,  August  13,  1857. 

In  the  name  of  and  for  the  Evansville  Gas-Light 
Company,  I hereby  accept  the  terms  of  the  ordinance 
set  forth  upon  this  page. 

C.  G.  KEATS, 

President  Evansville  Gas-Light  Company. 


206 


tfENERAL  ORDINANCES 


AN  ORDINANCE  to  provide  for  the  extension  of  gas-lights  within  the  city 

of  Evansville. 

[Passed  August  1,  1857.] 

(Phblished  and  in  force  August  4, 1857 .) 

1.  Terms  upon  which  parties  interested  may  have  gas  extended. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  any  person  or  per- 
sons  interested  in  extending  the  gas  to  any  point  in  the 
city  will  advance  to  the  city  fifty  (50)  per  cent,  of  the 
amount  necessary  to  procure  and  lay  down  the  service 
pipe  to  such  point,  or  along  the  proposed  line  of  exten- 
sion, the  city  will  thereupon,  without  any  unnecessary 
delay,  cause  such  pipe  to  be  laid  down  along  such  line, 
and  cause  gas-posts  to  be  erected  along  such  line,  and 
will  furnish  to  individual  consumers  along  such  line, 
who  may  have  made  such  advances,  gas  for  private 
consumption  at  the  same  rates  at  which  it  is  or  may  be 
furnished  by  the  gas  company  to  their  private  consum- 
ers, until  the  amount  furnished  to  each  person  making 
any  such  advance  shall  be  equal  to  the  amount  ad- 
vanced by  such  person  : Provided , how  ever , That  the  city 
shall  not  be  liable  for  interest  on  any  such  advance,  and 
shall  not  be  required  to  refund  or  repay  the  same  other- 
wise than  in  gas,  as  above  in  this  section  provided  for. 

Sec.  2.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  publication. 

JOHN  HEWSON,  Mayor. 

Attest:  Well.  H.  Walker,  Clerk. 


AN  ORDINANCE  supplemental  to  an  ordinance  to  provide  for  the  exten- 
sion  of  gas-lights  within  the  city  of  Evansville,  passed  August  1,1857, 

[Passed  February  28,  1870.] 

(Published  and  in  force  March  11, 1870.) 

1.  Provision  for  extension  of  gas,  when  50  per  cent,  is  advanced. 

2.  When  in  force. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  any  person  or  per- 


CITY  OF  EVANSVILLE. 


207 


sons,  interested  in  extending  the  gas  to  any  point  in 
the  city,  shall  make  it  appear  to  the  Common  Council 
of  said  city,  that  he  or  they  have  advanced  or  secured, 
to  the  satisfaction  of  the  Evansville  Gas  Company,  50 
per  cent,  of  the' amount  necessary  to  procure  and  lay 
down  the  service  pipe  to  such  point  or  along  the  pro- 
posed line  of  extension,  the  city  will,  thereupon,  and 
without  any  unnecessary  delay,  furnish  and  advance  the 
residue  of  said  cost  or  necessary  amount,  according  to 
the  terms  of  a supplemental  ordinance  to  an  ordinance 
to  provide  for  lighting  the  city  of  Evansville  with  gas, 
passed  August  1,  1857,  and  accepted  by  said  Evansville 
Gas-Light  Company,  and  cause  such  pipe  to  be  laid 
down  along  such  line,  and  cause  gas-posts  to  be  erected 
along  such  line,  and  thereupon  the  said  Evansville  Gas 
Company  shall  furnish  to  individual  consumers  along 
such  line,  who  may  have  made  such  advances,  gas  for 
private  consumption  at  the  same  rates  at  which  it  is  or 
may  be  furnished  to  their  private  consumers,  until  the 
amount  furnished  to  each  making  any  such  advance, 
shall  be  equal  to  the  amount  advanced  by  such  person  : 
Provided , however , That  said  Gas  Company  shall  not 
be  liable  for  interest  on  any  such  advance,  and  shall 
only  be  required  to  repay  the  same  in  gas,  as  above 
provided. 

Sec.  2.  That  this  ordinance  shall  be  in  force  from 
and  after  its  publication. 

WILLIAM  H.  WALKER,  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 


208 


GENERAL  ORDINANCES 


AN  ORDINANCE  providing  for  the  appointment  of  inspectors  of  flour, 

whisky,  &c. 

[Passed  November  19,  1850/j 

(Published  and  in  force  November  28, 1850.) 

1.  Inspector  of  flour,  domestic  spirits,  &c„  to  be  appointed. 

Term  aud  oath  of  office. 

2.  Duty  of  inspector  as  to  domestic  spirits. 

3.  Duty  of  inspector  as  to  flour,  tobacco,  &c. 

Section  1.  Be  it  ordained  by  the  common  council  of  the 
City  of  Evansville , That  there  shall  annually  be  appoint- 
ed by  the  Common  Council  one  or  more  inspectors  of  do- 
mestic spirits,  flour,  tobacco,  beef,  pork,  butter,  and  lard, 
which  said  inspectors  shall  hold  said  office  for  one  year, 
and  until  their  successors  are  appointed  and  qualified^ 
and  shall,  before  they  enter  upon  the  duties  of  said  office, 
take  an  oath  faithfully  and  impartially  to  execute  the 
duties  of  said  office,  which  oath  shall  be  filed  in  the  City 
Clerk’s  office. 

Sec.  2.  That  it  shall  be  the  duty  of  said  inspector  or 
inspectors,  immediately,  when  called  upon  for  that  pur- 
pose, to  gauge  any  and  each  barrel  or  cask  of  domestic 
spirits,  and  examine  the  quality  or  proof  thereof,  and 
mark  on  the  barrel  or  cask  the  true  quantity  contained 
therein,  in  wine  gallons,  and  the  quality  or  proof  of  such 
spirits,  together  with  the  name  of  the  inspector  and  place 
of  inspection. 

Sec.  3.  It  shall  also  be  the  duty  of  said  inspector  or  in- 
spectors to  inspect  and  mark  flour,  tobacco,  beef,  pork, 
butter  and  lard,  when  put  up  in  kegs,  barrels,  casks,  or 
hogsheads,  whenever  such  inspection  shall  be  called  for 
or  necessary. 

Sec.  4,  That  said  inspector  or  inspectors  shall  provide 
the  most  approved  instruments  for  ascertaining  the  ca- 
pacity of  a barrel  or  other  cask,  and  the  quality  or  proof 
of  spirituous  liquors,  and  for  the  marking  of  barrels  or 
casks. 

Sec.  5.  That  said  inspector  or  inspectors  shall  be  en- 
titled to  receive  and  collect  from  persons  employing  them 
as  aforesaid,  for  gauging  and  inspecting  a single  barrel 


CITY  OF  EVANSVILLE. 


209 


or  cask,  fifteen  cents,  and  when  the  number  of  barrels  or 
casks  in  one  lot  exceeds  one  and  is  less  than  six,  ten  cents, 
and  when  the  number  in  one  parcel  exceeds  six,  five 
cents  for  each  barrel  or  cask. 

JAMES  G.  JONES,  Mayor. 

Attest : John  J.  Chandler,  Clerk. 


AN  ORDINANCE  in  relation  to  nuisances  created  by  stagnant  water  situated 
on  any  lot  or  parcel  of  ground  within  the  city  of  Evansville. 

[Passed  April  24,  1858.] 

(Published  and  in  force  April  27,  1858.) 

1.  Lots  upon  which  water  stagnates  declared  nuisances. 

Owner  may  be  required  to  abate  such  nuisance. 

2.  Copy  of  order  how  issued  and  served,  and  return  how  made  and  filled. 

3.  When  ordered  to  be  published . 

4.  If  owner  of  lot  fails  to  comply,  Marshal  to  execute  order. 

Statement  of  expense  to  be  made  by  Marshal,  and  recorded  by  Clerk. 

How  to  be  collected. 

5 and  6.  Penalty, 

7.  Reports  to  be  made  by  the  Clerk. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  whenever  any  lot  or  parcel  of 
ground  in  said  city  is  or  shall  be  so  situated  that  water 
does  or  shall  collect  and  remain  stagnant  thereon,  such 
lot,  while  so  situated,  shall  be  deemed  and  taken  to  be  a 
nuisance,  and  the  Common  Council  may  direct  and  re- 
quire the  owner  or  occupier  of  the  premises  to  abate  such 
nuisance  by  draining  or  filling  up  such  lot  or  parcel,  of 
ground,  in  such  manner  and  within  such  reasonable  time 
as  the  said  Council  may  order  and  direct. 

Ssc.  2.  It  shall  be  the  duty  of  the  Clerk  to  issue  to  the 
Marshal  duplicate  certified  copies  of  any  order  made  in 
pursuance  of  the  last  section,  and  the  Marshal  shall  forth- 
with, or  as  soon  as  practicable,  deliver  one  of  said  copies 
to  the  owner  or  occupier  of  the  premises  mentioned  in 
said  order,  or  to  the  agent  of  such  owner  or  occupier,  and 
said  Marshal  shall  return  the  other  copy  of  said  order  to 
the  Clerk,  stating  in  his  return  the  time  and  manner  of 
service  and  on  whom  served,  and  the  Clerk  shall  file  and 
preserve  said  copy  and  return. 


27 


210 


GENERAL  ORDINANCES 


Sec.  3.  If  the  said  copy  shall  be  returned  “Not  found” 
by  the  Marshal,  the  Clerk  shall  forthwith  publish  a copy 
of  said  order  in  some  newspaper  printed  and  published 
in  the  city  of  Evansville. 

Sec.  4.  If,  after  service  or  publication  of  a copy  of  said 
order  as  aforesaid,  the  owner  or  occupier  of  such  lot  or 
parcel  of  ground  shall  neglect  or  fail  to  drain  or  fill  up 
the  same  within  the  time  and  in  the  manner  required  by 
said  order,  it  shall  be  the  duty  of  the  Marshal,  immedi- 
ately upon  the  expiration  of  the  time  mentioned  in  such 
order,  to  proceed  to  drain  or  fill  up  such  lot  or  parcel  of 
ground  according  to  the  requirements  of  such  order,  and 
the  Marshal  shall,  within  ten  days  from  and  after  the 
time  when  said  draining  or  filling  up  shall  be  completed, 
make  a statement  in  writing  detailing  the  expenses  of 
said  draining  or  filling  up,  which  statement  shall  be  veri- 
fied by  the  affidavit  of  said  Marshal,  and  shall  be  by  him 
filed  with  the  Clerk,  and  the  Clerk  shall  record  said  state- 
ment in  a book  to  be  kept  for  that  purpose:  the  amount 
charged  in  said  statement  shall  be  a debt  against  the 
owner  or  occupier  of  said  lot  or  parcel  of  ground,  and 
shall  be  a lien  on  such  lot  or  parcel  of  ground;  and  the 
said  debt  may  be  collected  by  action  against  the  owner  or 
occupier  of  the  lot  or  parcel  of  ground,  or  said  lien  may 
be  enforced  in  any  court  of  competent  jurisdiction. 

Sec.  5,  If  any  owner  of  any  lot  or  parcel  of  ground 
who  shall  have  been  personally  served  with  a copy  of 
any  order  made  in  pursuance  of  this  ordinance  shall  fail 
or  neglect  to  comply  with  said  order  within  the  time  which 
may  be  specified  in  such  order,  such  owner  shall  for  such 
offense  forfeit  and  pay  any  sum  not  exceeding  ten  dollars 
nor  less  than  one  dollar. 

Sec*  6.  If  the  Clerk  or  Marshal  shall  neglect  or  fail  to 
perform  any  duty  required  of  him  by  this  ordinance,  such 
Clerk  or  Marshal  shall  for  such  offence  forfeit  and  pay  not 
less  than  five  nor  more  than  fifty  dollars. 

Sec.  7*  The  Clerk  shall,  at  the  first  meeting  of  the 


CITY  OF  EVANSVILLE. 


211 


Council  in  the  months  of  July,  October,  and  January  of 
each  year,  report  to  the  Council  in  writing  a statement  of 
all  sums  which  may  remain  due  and  unpaid  for  filling  up 
or  draining  any  and  all  lots  or  parcels  of  ground  under 
this  ordinance. 

Sec.  8.  This  ordinance  shall  be  in  force  from  and  after 
its  publication.  JOHN  HEWSON,  Mayor. 

Attest:  A.  Lemcke,  Clerk. 


AN  ORDINANCE  supplemental  to  an  ordinance  passed  April  24,  1858,  enti- 
tled “ An  Ordinance  in  relation  to  nuisances  created  by  stagnant  water 
situated  on  any  l*t  or  parcel  of  ground  within  the  city  of  Evansville.” 

[Passed  May  8,  1858.] 

(Published  and  in  Ibrce  May  13,  1858.) 

1.  Precept  to  be  issued,  and  Marshal  charged  therewith. 

2.  If  owner  refuses  to  pay,  precept  to  be  returned  and  suit  commenced. 

' Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  any  lot  or  parcel  of 
ground  shall  have  been  filled  up  or  drained  by  the 
Marshal,  and  a statement  of  the  expense  thereof  shall 
have  been  filed  as  required  by  the  third  section  of  the 
said  ordinance  of  April  24,  1858,  it  shall  be  the  duty  of 
the  Clerk  forthwith  to  issue  a precept  to  the  Marshal, 
returnable  within  twenty  days  from  the  date  thereof, 
requiring  the  Marshal  to  collect  the  amount  chargeable 
against  such  lot  or  parcel  of  ground,  including  costs, 
from  the  owner  or  occupier  of  such  lot,  and  the  Clerk 
shall,  upon  the  issuing  of  such  preeept,  charge  the 
Marshal  with  the  amount  thereof ; and  when  the  Mar- 
shal collects  the  money,  he  shall  pay  it  to  the  Treasurer, 
and  file  the  Treasurer’s  receipt  with  the  Clerk,  who 
shall  thereupon  credit  the  Marshal  and  charge  the 
Treasurer  with  the  amount  of  such  receipt;  all  of 
which  shall  be  done  within  twenty  days  from  the  date 
of  the  precept. 

Sec.  2.  If  the  owner  or  occupier,  or  his  agent,  shall 
refuse  to  pay  the  Marshal  the  amount  of  such  precept^ 


212 


GENERAL  ORDINANCES 


including  costs,  the  Marshal  shall  forthwith  return  the 
precept  to  the  Clerk,  setting  forth  in  his  return  the 
grounds  of  such  refusal,  and  thereupon  the  Clerk  shall 
credit  the  Marshal  with  the  amount  of  the  precept,  and 
place  the  claim  in  the  hands  of  the  City  Attorney  for 
collection  by  suit. 

JOHN  HEWSOST,  Mayor. 

Attest:  A.  Lemcke,  Clerk. 


AN  ORDINANCE  in  relation  to  nuisances. 

[Passed  July  20,  1850.] 

(Published  and  in  force  July  23,  1850.) 

1.  Slaughter-houses,  soap- factories,  &c.,  must  not  be  established  within  the 

city  except  by  permission  of  the  Council. 

2.  Such  permission  may  afterwards  be  revoked. 

3.  Penalty. 

4.  Duty  of  Marshal. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  it  shall  not  be  lawful 
for  any  person  or  persons  to  keep  a slaughter-house,  or 
keep  or  use  for  the  purpose  of  soap-boiling,  or  slaught- 
ering any  animal  or  animals  of  any  kind,  usually  sold 
in  the  market-house  for  food,  any  house,  shed,  or  pen, 
or  any  other  place  within  the  corporate  limits  of  the 
city  of  Evansville,  or  within  one  half  mile  thereof, 
without  permission  from  the  Common  Council  of  said 
city  so  to  do. 

Sec.  2.  When  a license  or  permit  shall  be  granted  as 
contemplated  by  the  first  section  of  this  ordinance,  the 
Common  Council  shall  have  the  right  and  full  power  at 
any  time  to  revoke  the  same,  and  thenceforth  it  shall  be 
unlawful  to  use  any  such  house,  shed,  or  pen  for  the 
purpose  of  slaughtering  or  soap-boiling. 

Sec.  3.  Every  person  who  shall  violate  any  provision 
of  this  ordinance  shall  forfeit  and  pay  any  sum  not  less 
than  one  dollar  nor  more  than  five  dollars  for  ever  such 
offense,  together  with  the  costs  of  suit. 

Sec.  4.  It  shall  be  the  duty  of  the  Marshal  to  take 


CITY  OF  EVANSVILLE. 


213 


notice  of  the  existence  of  every  nuisance,  and  cause  the 
same  to  be  abated. 

JAMES.  G.  JONES,  Mayor. 
Attest:  John  J.  Chandler,  Clerk. 


AN  ORDINANCE  to  amend  an  ordinance  passed  April  17,  1817,  entitled  “An 
ordinance  declaring  what  are  nuisances  in  the  city  of  Evansville,  and  au- 
thorizing the  removal  thereof.” 

[Passed  December  13,  1853.] 

(Published  and  in  force  December  15,  1853.) 

1.  Trees  on  certain  streets  and  sidewalks  declared  nuisances. 

May  be  removed  by  the  Marshal.  Proviso. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  all  trees  situated  or  growing 
upon  any  sidewalk  or  street  in  any  business  part  of  the 
city  of  Evansville,  and  all  trees  situated  or  growing  upon 
any  street  or  sidewalk  of  said  city,  so  as  to  obstruct 
such  street  or  sidewalk,  be  and  the  same  are  hereby  de- 
clared to  be  nuisances,  and  any  such  nuisances  may  be 
abated  or  removed  by  the  Marshal : Provided , however, 
that  the  Marshal  shall  not  cut  down  or  remove  any  tree 
under  or  by  virtue  of  this  ordinance,  until  directed  so 
to  do  by  an  order  of  the  Common  Council,  nor  until  the 
owner  or  occupier  of  the  premises  shall  have  received 
ten  days  previous  notice  to  remove  such  tree. 

JOHN  S.  HOPKINS,  Mayor. 

Attest : Geo.  H.  Todd,  Clerk. 


214 


GENERAL  ORDINANCES 


AN  ORDINANCE  declaring  certain  things  to  be  nuisances,  and  authorizing, 
the  abatement  thereof,  and  repealing  certain  ordinances.* 

[Passed  May  16,  1859.] 

(Published  and  in  force  June  2, 1859.) 

1. N  uisances  defined, 

2.  Definition  continued. 

3.  Duty  of  owner  or  occupant  of  premises  on  which  nuisances  may  be 

found.  (Dead  animals.) 

Duty  of  Marshal.  Expense  of  abating  nuisances,  how  collected. 

Penalty  for  failure  to  remove  certain  nuisances,  on  notice. 

On  repetition  of  nuisance,  no  notice  required ; penalty. 

4.  Penalty  for  causing  nuisance  in  streets,  &c. 

5.  Certain  establishments  not  to  be  erected  without  permit  from  Council. 

6.  Proceedings  to  abate;  penalty. 

7.  Marshal  may  examine  premises. 

8.  Repeal 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  all  nuisances  at  common'  law 
shall  be  deemed  and  taken  for  nuisances  in  the  city  of 
Evansville,  and  that  standing  ponds  of  water,  dead  car- 
casses, putrid  flesh,  fish,  hides  or  skins,  standing  slop 
and  water,  or  slop  and  water  flowing  or  running  from 
kitchens,  wash-houses,  out-houses,  and  all  other  houses, 
every  dam  or  other  obstruction  in  any  ditch,  gutter, 
water-course,  or  sewer,  every  slaughter-house,  soap^ 
factory,  distillery,  tallow  or  candle  factory,  pork-house, 
or  privy,  built,  used,  or  occupied  without  a strict  ob- 
servance of  the  ordinance  or  ordinances  of  the  citv  re- 
specting  the  same,  also  slop  water,  vegetable  or  other 
unwholesome  or  offensive  matter  or  substance  what- 
ever, turned  into  or  placed  or  exposed  in  any  street, 
alley,  sidewalk,  or  other  place  within  the  city,  every 
hog,  sow,  or  pig,  and  every  hog,  sow,  or  pig  pen  which 
may  in  any  way  annoy  any  of  the  citizens  of  said  city, 
are  hereby  declared  to  be  nuisances. 

Sec.  2.  All  manure  or  other  unwholesome  or  offensive 
matter  or  substance  whatever,  and  all  obstructions  of 
whatever  kind  deposited  or  placed  on  any  street  or  alley, 
or  on  the  public  wharf  of  the  city  of  Evansville,  or  placed 
upon  the  bank  of,  or  thrown  over  the  bank  of,  the  Ohio 

*See,  also,  ordinance  passed  February  17,  1870,  in  relation  to  steamers  at  the* 
wharf.  Ante, 


CITY  OF  EVANSVILLE. 


215 


River  within  the  limits  of  the  city,  or  within  one  mile 
above  said  limits,  or  deposited  or  placed  on  any  of  the 
public  grounds  of  the  city,  or  in  any  market-house  or 
market-place  within  said  city,  or  in  the  canal  within  the 
limits  of  the  city,  or  within  one  mile  above  the  limits  of 
said  city,  are  hereby  declared  to  be  nuisances. 

Sec.  3.  In  all  cases  where  a nuisance  is  found  upon  any 
person’s  premises,  or  premises  occupied  by  him  or  her 
within  the  limits  of  the  city,  or  within  one  mile  in  any 
direction  beyond  the  limits  of  the  city,  or  when  it  may  be 
ascertained  that  any  person  or  persons  have  deposited  or 
caused  any  such  nuisance  as  defined  in  the  first  section  of 
this  ordinance,  such  person  or  persons  shall  forthwith  re- 
move the  same : Provided , That  the  owner  of  any  dead 
animal  shall  remove  the  same  whether  it  shall  be  found 
on  or  about  his  own  premises  or  anywhere  else  within  said 
city,  or  within  one  mile  thereof.  And  if  any  such  person 
or  persons  shall  neglect  or  refuse  to  remove  the  same 
within  ten  hours  after  a written  notice  from  the  Marshal 
of  the  city  or  his  deputy  so  to  do,  served  upon  or  left  at 
the  place  of  abode  or  business  of  such  person,  the  Mar- 
shal shall  cause  the  same  to  be  removed  in  such  man- 
ner as  will  most  speedily  and  effectually  accomplish  the 
abatement  of  such  nuisance,  and  immediatelly  cause  suit 
to  be  commenced  in  the  name  of  the  city  of  Evansville 
for  the  expenses  of  such  removal  against  the  person  or 
persons  upon  whose  premises  such  nuisance  may  be  found, 
or  against  the  owner  of  any  such  dead  animal,  or  against 
the  person  or  persons  who  may  have  deposited  or  caused 
such  nuisance  (as  the  case  may  be) ; and  any  person  or 
persons  upon  whose  premises  any  such  nuisance  may  be 
found,  or  who  shall  as  aforesaid  deposit  or  cause  any 
such  nuisance,  or  own  any  such  dead  animal,  and  who 
shall  fail,  neglect,  or  refuse  to  remove  the  same  after  notice 
so  to  do  given  by  the  Marshal  or  his  deputy  as  aforesaid, 
shall  for  each  and  every  hour  he  shall  so  fail,  neglect,  or 
refuse,  forfeit  and  pay  any  sum  not  less  than  one  dollar 
nor  more  than  fifty  dollars : Provided , That  the  provisions 


216 


GENERAL  ORDINANCES 


of  this  section  shall  not  apply  to  the  removal  of  any  dead 
animal  from  any  unoccupied  lot  when  the  owner  of  such 
dead  animal  cannot  be  ascertained ; And  provided,  That 
upon  the  repetition  of  a nuisance  at  any  time  which  may 
have  been  previously  abated  in  compliance  with  or  after 
notice  served  by  the  City  Marshal  or  his  deputy,  as  pro- 
vided for  in  this  section,  no  new  notice  to  remove  the 
same  shall  be  required,  but  the  Marshal  or  his  deputy 
shall  proceed  forthwith  to  remove  the  game,  and  cause 
suit  to  be  brought  against  the  person  or  persons  on  whose 
premises  such  nuisance  may  be  found,  or  who  may  have 
deposited  or  caused  the  same,  and  upon  proof  of  such  pre- 
vious notice  and  abatement  and  of  the  repetition  of  such 
nuisance,  such  person  or  persons  shall  forfeit  and  pay,  in 
addition  to  the  expense  of  the  removal  of  such  nuisance, 
any  sum  not  less  than  one  dollar  nor  more  than  fifty  dol- 
lars. 

Sec.  4.  Any  person  or  persons  causing  any  nuisance  by 
depositing  or  placing  any  manure  or  any  other  unwhole- 
some or  offensive  matter  or  substance  whatever,  or  any 
obstructions  of  any  kind,  on  any  street  or  alley,  wharf, 
river  bank,  public  grounds,  market-house,  market-place, 
or  canal,  as  defined  in  the  second  section  of  this  ordi- 
nance, shall  forfeit  and  pay  any  sum  not  less  than  two 
dollars  nor  more  than  one  hundred  dollars. 

Sec.  5.  Hereafter  there  shall  not  be  erected  or  i^ed  any 
slaughter-house,  soap-factory,  tallow-chandler,  or  distil- 
lery within  the  limits  of  the  city  of  Evansville  (except 
those  already  in  use),  without  first  applying  to  the  Com- 
mon Council  for  privilege  to  erect  and  use  such  house, 
and  complying  with  any  order  or  ordinance  that  said 
Council  may  pass  or  adopt  relative  thereto ; and  if  any 
such  house  or  factory  shall  be  erected  contrary  to  the  pro- 
visions of  this  section,  such  house  or  factory  shall  be 
deemed  a nuisance,  and  the  person  or  persons  erecting 
the  same  shall  forfeit  and  pay  any  sum  not  less  than  five 
dollars  nor  more  than  one  hundred  dollars,  and  ten  dollars- 


CITY  OF  EVANSVILLE. 


217 


in  addition  thereto  for  every  day  such  nuisance  shall  be 
continued* 

Sec.  6.  Slaughter-houses,  soap-factories,  tallow-chand- 
leries, distilleries,  and  other  buildings,  as  well  as  those 
now  erected  and  in  use  as  those  which  may  hereafter  be 
erected  and  used,  in  which  any  business  is  or  shall  be 
so  carried  on  as  to  injure  the  health,  comfort,  or  conven- 
ience of  any  portion  of  the  inhabitants  of  the  city,  may 
be  abated  by  order  of  the  Common  Council ; but  before 
such  abatement  shall  take  place,  the  Common  Council 
shall  summon  the  owner  or  occupier  thereof  to  appear 
before  the  Council  at  a particular  time  and  place,  at  which 
time  and  place  the  Council  shall  investigate  the  matter 
and  hear  testimony  relative  thereto  ; and  if  the  Council 
shall  be  of  the  opinion  that  the  business  carried  on  in 
such  building  is  injurious  to  the  health,  comfort,  or  con- 
venience of  any  portion  of  the  inhabitants  of  the  city,  it 
may  declare  the  same  a nuisance,  and  require  the  owner 
or  occupier  of  such  building  to  remove  the  same  beyond 
the  limits  of  the  city,  or  to  discontinue  the  business  car- 
ried on  in  said  building,  and  which  shall  have  been  com- 
plained of,  within  a specified  time ; and  if  such  owner  or 
occupier  shall  refuse  or  neglect  to  obey  the  order  of  the 
Council  relative  thereto,  after  a copy  thereof  shall  have 
been  served  upon  him,  her,  or  them  by  the  Marshal,  such 
owner  or  occupier,  for  each  day  he  shall  so  neglect  or  re- 
fuse, shall  forfeit  and  pay  any  sum  not  less  than  one  dol- 
lar nor  more  than  fifty  dollars. 

Sec.  7.  It  shall  be  lawful  for  the  Marshal  or  his  dep- 
uty, at  any  time  between  the  hours  of  eight  o’clock  a. 
m.  and  four  o’clock  p.  m.,  to  enter  into  any  cellar,  soap- 
factory,  or  othe  place  where  nuisances  are  likely  to  be 
engendered,  or  where  he  may  have  been  informed  that 
any  nuisance  exists  (first  making  application  to  the 
owner  or  occupier  thereof,  if  to  be  found),  and  examine 
the  same ; and  it  shall  be  the  duty  of  the  Marshal,  by 
himself  or  deputy,  to  enter  into  any  soap-factory, 

28 


218 


GENERAL  ORDINANCES 


slaughter-house,  tallow-chandlery,  distillery,  or  other 
place,  whenever  complaint  is  made  concerning  g,ny  such 
place,  and  examine  the  same,, and  make  report  of- the  ’ 
condition  thereof  to  the  Common  Council  at  its  next 
regular  meeting.  * . , ' 

Sec.  8.  An  ordinance  entitled  “An  Ordinance  de-  . 

daring  what  are  nuisances  in  fhe  city  of  Evansville,  and 

authorizing  the  removal  thereof,”  passed  April  17th, 

1847,  and  an  ordinance  entitled  “An  Ordinance  to  amend 

an  ordinance  entitled  ‘An  Ordinance  declaring  what 

are  nuisances  in  tile  city  of  Evansville,  and  authorizing 

the  removal  thereof,’”  passed  June  9th,  1849,'  and  an 

ordinance  entitled  “An  Ordinance  in  relation  to  nui- 

^ * 0 
sances,”  published  and  in  force  July  23d,  1850,  are 

hereby  repealed:  Provided , however , That  nothing  here" 
in  contained  shall  prohibit  the  city  of  Evansville  from 
punishing  any  infraction  of  any  ordinance  hereby  re- 
pealed which  4may  have  occurred  prioi;  to  the  passage 
of  this  ordinance,-  but  for  the  purpose  of  punishing  all  . 
such  infractions  said  ordinances  shall  remain  in  force  as* 
if  this  ordinance  had  not  been  passed.  . 

Sec.  9.  .Nothing  contained  in  this  ordinance  shall  be  . 
construed  as  a repeal  of  any  other  ordinance  not  in-eon-  * 
sistent  therewith,  except  the  three  ordinances  repealed  »■ 
in  express  terms  by  the  last  section. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk.  f 


CITY  OF  EVANSVILLE. 


219 


A SUPPLEMENT  to  an  ordinance  passed  May  16,  1859,  entitled  “An  Ordi- 
nance declaring  certain  things  to-be  nuisances,  and  authorizing  the  abate- 
ment thereof,  and  repealing  certain  ordinances.  ” 

[Passed  February*26,  1864.] 

» (Published  and  in  force  March  4, 1864.) 

. *• 

1.  Uncovered  cisterns,  pits,  &cv  declared  nuisances. 

2.  Duty  of  the  Marshal  in  relation  to  such  nuisances. 

8.  Penalty.  , 

’V* 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  all  open  or  uncovered  cisterns, 
cellars,  wells,  pits,  or  vaults  situate  in  any  open  or  un- 
fenced lot  or  place  within  the  city  of  Evansville,  are 
hereby  declared  to'be  nuisances. 

Sec.  2.  In  all  'cases  where  any  such  nuisance  may  he 
found  upon  any  premises,  it  shall  be  the  duty*  of  the 
Marshal  to  serve  written  notice  upon  the  owner  or  oc- 
cupant of  such^premisesf  requiring  such  owner  or  occu- 
pant to  abate  such  nuisance  within  twenty-four  hours 
of  the  time  of  service  of  such ’notice,  qither  by  filling 
up  such  nuisance  or  by  fencing  or  covering  the  same  in 
a permanent* and  substantial  manner;  and  if  the  owner 
or  * occupant  of  such  premises  cannot  be  found,  said 
notice  shall  be  posted  upon  said  premises;  and  if  the 
owner*  or  occupant  of  such  premises  shall  refuse  or 
neglect  to  abate  such  nuisance  within  twenty-four 
hours  after  such  notice  shall  have  been  served  or  posted, 
the.  Marshal  shall  cause  the  same  to  be  abated,  and  shall 
’immediately  thereafter  cause  a suit  to  be  commenced 
in  the  Dame  of  the  city  of  Evansville  against  the  owner 
or  occupant  of  such  premises  for  the  recovery  of  the 
amount  of  the  cost  and  expenses  of  the  abatement  of- 
such  nuisance,  and  for  the  recovery  of  the  fine  pre- 
scribed by  this  ordinance.  , ' - 

Sec.  3.  Any  person  or  persons  owning  o.r  occupying 
any'open  or  unfenced  lot  of  ground  or  premises  within 
said  ci*ty  having  thereon  any  open  or  uncovered  cistern, 


220 


GENERAL  ORDINANCES 


cellar,  well,  pit,  or  vault,  shall  forfeit  and  pay  any  sum 
not  less  than  ten  nor  more  than  one  hundred  dollars. 

W.  BAKER,  Mayor. 

Attest : A.  Pfafflin,  Clerk. 


AN  ORDINANCE  in  relation  to  nuisances,  and  defining  certain  offenses. 

[Passed  November  20,  1865.] 

(Published  and  in  force  November  24,  1865.) 

1,  2 and  3.  Nuisances  defined. 

4.  Manure,  how  to  be  secured  and  disposed  of. 

5.  Slop-water,  how  to  be  disposed  of 

6.  Wagons  and  other  vehicles  not  to  be  left  on  streets. 

7.  Fire-wood  must  not  remain  on  street  more  than  forty-eight  hours. 

8.  Stone-coal  must  not  remain  on  street  more  than  twenty-four  hours. 

9.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  slop-water,  wash-water,  waste 
water,  or  filth  or  garbage  of  auy  kind  whatever,  which 
may  he  caused  or  permitted  to  flow  from  any  house  or 
premises  into  or  upon  any  street,  alley,  or  gutter  of  the 
city  of  Evansville,  and  all  slop-water,  wash-water, 
waste  water,  or  filth,  offal,  or  garbage  of  any  kind 
whatever,  which  may  be  thrown  or  placed  in  or  upon 
any  street,  alley  or  gutter  of  said  city,  are  hereby  de- 
clared to  be  nuisances. 

Sec.  2.  All  manure,  ashes,  cinders,  and  rubbish  of 
any  kind  whatever,  which  may  be  thrown  or  placed 
upon  any  street  or  alley  or  in  any  gutter  of  said  city, 
or  which  may  be  so  deposited  as  to  fall  into  or  upon 
any  street,  alley,  or  gutter  of  said  city,  are  hereby  de- 
clared to  be  nuisances. 

Sec.  3,  All  lumber,  timber,  logs,  or  blocks,  and  all 
other  obstructions  of  every  kind  whatever,  placed  upon 
any  street,  alley,  gutter,  or  sidewalk  of  said  city,  are 
hereby  declared  to  be  nuisances. 

Sec.  4.  It  shall  be  unlawful  for  any  person  or  persons 
hereafter  to  place  -or  cause  to  be  placed  any  manure  in 


CITY  OF  EVANSVILLE. 


221 


or  upon  any  open  area  or  space  adjoining  or  near  any 
street  or  alley,  without  confining  such  manure  in  such 
manner  as  to  prevent  the  same  from  falling  into  or  upon, 
or  being  scattered  or  spread  over  or  upon,  such  street 
or  alley;  and  all  persons  keeping  or  harboring  any 
horse,  mule,  cow,  hog,  or  cattle  of  any  kind  whatever, 
shall  be,  and  hereby  are,  repaired  to  cause  all  manure 
which  may  accumulate  from  such  horse,  mule,  &c.,  to 
be  kept  securely  in  close  bounds,  in  such  manner  as  will 
prevent  it  from  being  dragged  or  scattered  from  such 
place  of  deposit  into  or  upon  any  street,  alley  or  gutter 
of  said  city. 

Sec.  5.  All  persons  having  slop-water,  wash-water, 
waste  water,  or  other  filth  or  garbage  accumulating 
upon  their  premises,  shall  be,  and  hereby  are,  required 
to  dispose  of  the  same  either  in  proper  sinks  to  be  con- 
structed upon  their  own  premises,  or  by  causing  all  such 
slop-water,  &c.,  to  be  kept  in  casks  or  other  vessels,  and 
deposited  in  some  suitable  place  outside  the  corporate 
limits  of  the  city. 

Sec.  6.  It  shall  hereafter  be  unlawful  for  any  person 
or  persons  to  permit  any  wagon,  dray,  or  other  vehicle, 
when  not  in  use,  to  be  placed  or  remain  upon  any  street 
or  alley  of  said  city.  • • 

Sec.  7.  It  shall  hereafter  be  unlawful  for  any  person 
or  persons  to  place  or  deposit,  or  to  allow  to  be  placed 
or  deposited,  any  fire-wood  upon  any  street,  alley,  or 
sidewalk  of  said  city,  and  permit  the  same  to  remain 
upon  such  street,  sidewalk,  or  alley  more  than  forty- 
eight  hours  from  the  time  of  its  deposit. 

Sec.  8.  It  shall  hereafter  be  unlawful  for  any  person 
or  persons  to  place  or  deposit,  or  allow  to  be  placed  or 
deposited,  any  stone-coal  upon  any  street,  alley,  or  side- 
walk of  said  city,  and  permit  the  same  to  remain  upon 
such  street,  alley,  or  sidewalk  more  than  twenty-four 
hours  from  the  time  of  its  deposit. 

Sec.  9.  Any  person  or  persons  causing  any  nuisance, 


222 


GENERAL  ORDINANCES 


as  defined  by  this  ordinance,  or  violating  any  of  the 
provisions  of  this  ordinance,  shall,  upon  conviction, 
forfeit  and  pay  not  less  than  five  nor  more  than  one 
hundred  dollars. 


W.  BAKER,  Mayor. 
Attest : A.  M.  McGriff,  Clerk. 


A SUPPLEMENT  to  an  ordinance  passed  May  16th,  1859,  entitled  “An  Or- 
dinance declaring  certain  things  to  be  nuisances,  and  authorizing  the  abate- 
ment thereof,  and  repealing  certain  ordinances.” 

[Passed  January  20,  1868.] 

1.  Houses  of  ill-fame,  &c.,  the  inmates;  gambling  houses,  Ac.,  declared  nui- 

sances. 

2.  Penalty  for  keeping. 

3.  Unlawful  to  visit  said  places ; penalty. 

4.  Police  may  enter  such  places  at  any  time,  &c. 

5.  Marshal  or  Chief  of  Police  may  summon  assistants,  &c. 

6.  Unlawful  for  police  to  be  found  in  said  houses,  except  on  duty  ; penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  all  houses  of  ill-fame,  houses  of 
assignation,  houses  of  prostitution,  or  whoredom,  and 
all  whores  and  prostitutes,  and  keepers,  or  proprietors 
of  houses  of  ill-fame,  or  houses  of  assignation,  pros- 
titution, or  whoredom,  and  all  persons  visiting  any  such 
house  or  houses  for  the  purpose  of  prostitution  or  whore- 
dom, and  all  gambling  houses,  keno  tables,  faro  banks, 
and  all  other  gaming  or  gambling  tables,  or  apparatus  of 
any  kind  whatever,  are  hereby  declared  to  be  nuisances. 

Sec.  2.  That  any  person  or  persons,  being  the  owner, 
keeper,  proprietor,  or  superintendent  of  any  such  nui- 
sances, as  defined  by  the  first  section  of  this  ordinance, 
shall,  on  conviction,  forfeit  and  pay  any  sum  not  less 
than  fifty  dollars,  nor  more  than  five  hundred  dollars. 

Sec.  3.  It  shall  be  unlawful  for  any  person  or  persons 
to  occupy,  visit,  or  use  any  gambling  table,  or  apparatus 
for  the  purpose  of  gaming  or  gambling,  or  to  occupy  or 
visit  any  house  of  ill-fame,  or  house  of  prostitution  or 


CITY  OF  EVANSVILLE. 


223 


whoredom,  for  the  purpose  of  prostitution  or  whoredom, 
and  any  person  or  persons  violating  any  provisions  of 
this  section,  shall,  on  conviction,  forfeit  and  pay  any  sum 
not  less  than  ten  dollars,  nor  more  than  one  hundred 
dollars. 

Sec*  4.  For  the  purpose  of  suppressing  gaming  and 
gambling  houses,  and  houses  of  ill-fame,  it' shall  be  law- 
ful for  any  police  officer  of  the  city  of  Evansville,  either 
with  or  without  process,  to  enter  at  any  time,  any  gaming 
or  gambling  house,  or  house  of  ill-fame,  within  the  limits 
of  the  city,  or  within  one  mile  thereof,  and  arrest  the 
occupants  thereof ; and  all  persons  found  therein  who 
shall  have  visited  the  place  for  the  purpose  of  gaming  or 
gambling,  or  for  the  purpose  of  prostitution  or  whoredom, 
and  any  person  found  in  a gaming  or  gambling  house, 
shall  be  presumed  to  be  there  for 'the  purpose  of  gaming 
or  gambling : and  every  person  found  in  a house  of  ill- 
fame,  house  of  assignation,  or  house  of  prostitution,  shall 
be  presumed  to  be  there  for  the  purpose  of  prostitution  or 
whoredom. 

Sec*  5..  For  the  purpose  of  further  suppressing  gaming 
and  gambling  houses,  it  shall  be  lawful  for  the  City 
Marshal,  or  any  Chief  of  Police,  to  summon  to  his  aid 
suitable  and  necessary  assistance,  and  to  seize  all  keno 
tables,  keno  boxes,  faro  banks,  gaming  or  gambling 
.tables,  or  gaming  or  gambling  apparatus  of  any  kind 
whatever,  and  secure  the  same,  so  that  they  cannot  be 
used  for  gaming  or  gambling  purposes  ; and,  if  resisted 
in  the  discharge  of  his  duty,  under  this  section,  such  offi- 
cer or  officers  may  destroy  all  such  implements  or  ap- 
paratus,. 

Sec.  6*  It  shall  be  unlawful  for  any  police  officer  to  be 
found  in  any  gaming  or  gambling  house,  or  house  of  ill- 
fame,  or  house  of  assignation,  prostitution  or  whoredom, 
except  in  discharge  of  his  duty  as  such  police  officer,  for 
the  purpose  of  making  arrests,  or  quelling  riots,  or  dis- 
turbances of  the  peace,  or  preventing  violation  of  city 
ordinances;  and  any  person  or  persons  violating  any  of 


224 


GENERAL  ORDINANCES 


the  provisions  of  this  section  shall,  on  conviction,  forfeit 
and  pay  not  less  than  ten  dollars,  nor  more  than  one  hun- 
dred dollars. 


WILLIAM  BAKER,  Mayor. 
Attest : A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  to  provide  for  the  removal  and  burial  of  dead  animals. 

[Passed  December  23,  1865.] 

[Published  and  in  force  December  29, 1865.] 

1.  Contract  to  be  made  annually  for  removal  of  dead  animals. 

2.  Notice  of  Dead  animals  to  be  left  at  Clerk’s  office. 

3.  Owner  of  dead  animal  may  remove  within  ten  hours. 

4.  Duty  of  the  party  contracting  to  remove  dead  animals. 

5.  No  person  to  remove  dead  animal  except  the  owner  or  party  having  the 

contract. 

6.  When  owner  prohibited  from  removing  dead  animal. 

7.  Police  to  give  notice  of  dead  animal. 

8.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  it  shall  be  the  duty  of  the 
Council,  in  the  month  of  January  of  each  year,  to  con- 
tract with  some  responsible  person  or  persons,  at  a 
reasonable  compensation,  for  the  removal  from  the  city 
of  all  dead  animals  found  within  the  city ; and  the  per- 
son or  persons  so  contracted  with  shall  have  the  right 
to  convert  to  his  or  their  own  use  the  hides,  tallow, 
horns,  and  bones  of  such  dead  animals.  The  contract 
shall  be  made  with  such  responsible  party  as  will  pay 
the  highest  bonus  for  the  same,  if  any  bonus  can  be  ob- 
tained : Provided,  That  such  contractor  shall  not  be 
allowed  to  maintain  any  glue  or  soap  factory  within 
one  mile  of  the  limits  of  the  city. 

Sec.  2.  It  shall  be  the  duty  of  every  person  desiring 
the  removal  of  any  such  dead  animal,  or  having  knowl- 
edge of  any  dead  animal  lying  in  any  vacant  lot,  street, 
or  alley  of  the  city,  to  give  immediate  notice  thereof  in 
writing  at  the  Clerk’s  office,  stating  where  such  dead 
animal  may  be  found,  and  the  kind  thereof. 


CITY  OF  EVANSVILLE. 


225 


Sec.  3.  Nothing  in  this  ordinance  shall  be  held  or  con- 
strued to  prevent  the  owner  of  any  such  dead  animal 
from  removing  the  same  from  within  the  city  limits,  if 
done  within  ten  hours  (not  including  the  night-time) 
from  the  time  of  the  death  of  such  animal. 

Sec.  4.  It  shall  be  the  duty  of  the  party  so  contracted 
with  to  call  at  the  office  of  the  City  Clerk  at  least  twice 
every  day  (Sundays  excepted)  to  receive  notice  of  the 
whereabouts  of  any  such  dead  animals,  and  to  remove 
the  same  within  ten  hours  next  after  receiving  such  no- 
tice; and  for  any  failure  to  comply  with  the  provisions 
of  this  section,  such  party  shall,  on  conviction,  forfeit 
and  pay  any  sum  not  exceeding  ten  dollars. 

Sec.  5.  It  shall  be  unlawful  for  any  person  or  persons 
other  than  the  one  contracted  with,  except  the  owner  of 
such  animal,  to  remove  any  dead  animal  or  appropriate 
the  same,  or  any  part  thereof,  to  his  own  use ; and  any 
person  or  persons  violating  the  provisions  of  this  sec- 
tion shall,  on  conviction,  forfeit  and  pay  any  sum  not 

ss  than  ten  nor  more  than  fifty  dollars. 

Sec.  6.  Any  person,  being  the  owner  of  any  animal 
dying  within  the  city,  who  shall  cause  notice  to  be 

given  at  the  Clerk’s  office  as  aforesaid,  shall  not  appro- 
priate any  part  of  said  dead  animal  to  his  or  her  own 
use ; and  for  a violation  of  the  provisions  of  this  sec- 
tion, the  offender  shall,  on  conviction,  forfeit  and  pay 
any  sum  not  less  than  ten  nor  more  than  fifty  dollars. 

Sec.  7.  It  shall  be  the  duty  of  the  city  police  to  give 
notice  of  the  existence  of  any  dead  animals  within  the 
city  as  soon  as  the  same  shall  come  to  their  knowledge. 

Sec.  8.  Any  person  violating  any  of  the  provisions  of 
this  ordinance,  or  neglecting  to  perform  any  of  the 
duties  required,  to  which  there  is  not  a specific  penalty 
attached,  shall,  on  conviction,  be  fined  in  any  sum  not 
exceeding  twenty  dollars. 

W.  BAKER,  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 


29 


226 


GENERAL  ORDINANCES 


AN  ORDINANCE  defining  offences,  and  prescribing  punishment  therefor. 

[Passed  September  13,  1859,] 

[Published  and  in  force  September  16, 1859.] 

1.  Drunkenness. 

2.  Common  prostitutes, 

3.  Indecent  conduct  or  language. 

4.  Harboring  prostitutes. 

5.  Carousals,  &c. 

6.  Indecent  exposure  of  person. 

7.  Indecent  words  or  gestures. 

8.  Noise,  disorder,  &c. 

9.  Cruel  treatment  of  animals. 

10  Malicious  injury  or  destruction  of  property. 

11.  Resisting  city  officers. 

12.  Obscene  books,  pictures,  &c. 

13.  Playing  quoits,  &c.,  on  Sunday. 

14.  Exhibiting  goods  on  sidewalk  on  Sunday. 

15.  Processions  and  parades  on  Sunday. 

16.  Bands  performing  on  Sunday. 

17.  Theatres,  &c.,  on  Sunday. 

18.  Dances,  carousals,  &c.,  on  Sunday. 

19.  Assault,  and  assault  and  battery. 

20.  Immoderate  riding,  driving,  &c. 

21.  Assignation  houses,  gambling  houses,  &c. 

22.  Tallow-chandleries,  soap-factories,  &c. 

23.  Gunpowder. 

24.  Lighted  candle,  lamp,  cigar,  &c.,  in  barnes  or  stables. 

25.  Animals  hitched  to  vehicles  in  the  street. 

26.  Drays  and  carts  to  have  lock-chain. 

27.  Buildings  projecting  into  streets,  alleys,  &c. 

28.  Obstructing  streets,  sidewalks,  alleys,  &c. 

29.  Injuring  or  defacing  buildings,  grounds,  &c. 

Riding  or  driving  over  sidewalks. 

Injury  to  streets,  alleys,  wharves,  &c. 

30  Bathing  in  river  or  canal  in  daytime. 

31.  Rolling  hoops,  flying  kites,  &c. 

32.  Discharging  fire-arms,  squibs,  &c. 

33  Throwing  stones,  &c. , at  houses. 

34.  Injury  to  cisterns. 

35.  Throwing  dead  animals  into  river  or  canal. 

36.  False  alarm  of  fire. 

37.  Injury  to  houses,  trees,  &c. 

38.  Ashes  kept  in  barrels,  boxes,  &c. 

39.  Removing  earth  from  public  ground. 

40.  Destroying  advertisements,  notices,  <fcc. 

41.  Horses,  &c.,  how  to  be  hitched. 

42.  Ditches  or  drains. 

. 43.  Stopping  vehicles  over  or  across  foot-ways.  « 

44.  Vagrants,  common  prostitutes,  and  street  beggars. 

45.  Possessing  burglars’  or  counterfeiters’  tools,  &c. 

46.  Attempt  to  commit  a felony. 

47.  Neglect  to  procure  license. 

48.  Disturbing  religious  worship. 

49  and  50.  Penalty. 

51.  Repeal. 


CITY  OF  EVANSVILLE. 


227 


Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  be  unlawful  for  any  per- 
son to  be  found  drunk  in  any  street,  alley,  or  public  place 
within  the  city. 

Sec.  2.  It  shall  be  unlawful  for  two  or  more  common 
prostitutes  to  walk  together,  or  be  in  company,  on  any 
sidewalk,  street,  alley  or  other  public  thoroughfare  during 
the  night  season,  or  for  any  person,  during  either  the  night 
or  day,  to  stop  on  any  street,  sidewalk,  alley,  or  other  pub- 
lic thoroughfare  and  hold  familiar  conversation  with  any 
common  prostitute,  knowing  her. to  be  such. 

Sec.  3.  It  shall  be  unlawful  for  any  person  to  commit 
or  perpetrate  any  indecent,  immodest,  lewd,  or  filthy  act 
in  the  presence  or  view  of  any  other  person,  or  in  such  a 
situation  that  a person  passing  or  repassing  might  ordi- 
narily see  the  same,  or  to  utter  or  speak  any  bawdy,  lewd, 
or  filthy  words  or  discouse  within  the  hearing  of  any  other 
person. 

Sec.  4.  It  shall  be  unlawful  for  any  person  to  harbor  or 
keep  about  his  or  their  premises  any  strumpet  or  whore, 
and  permit  her  to  follow  a lewd  course  of  life. 

Sec.  5.  It  shall  be  unlawful  to  get  up  dances  or  carous- 
als for  idle  and  dissolute  persons,  or  to  attend  or  frequent 
the  same. 

Sec.  6.  It  shall  be  unlawful  for  any  person  to  make  any 
i ndecent  or  immoral  exhibition  or  exposure  of  his  or  her 
person,  or  to  cause  or  procure  any  person  or  persons  to 
do  the  same  in  the  presence  or  view  of  any  other  person 
or  persons. 

Sec.  7.  It  shall  be  unlawful  for  any  person  to  address 
any  wanton,  obscene,  or  lewd  language  or  words  to  an- 
other, or  exhibit  any  wanton,  lewd,  or  obscene  gestures 
or  conduct. 

Sec.  8.  It  shall  be  unlawful  for  any  person  or  persons 
to  make  any  noise,  disorder,  or  tumult,  to  the  disturbance 
of  the  peace  of  the  city,  or  to  the  annoyance  of  any  of 
its  inhabitants,  or  to  permit  such  noise,  disorder,  or  tumult 
to  be  made  in  or  about  his,  her,  or  their  house  or  prem- 


GENERAL  ORDINANCES 


ises ; and  for  the  purpose  of  enforcing  the  provisions  of 
this  section,  it  shall  be  lawful  for  xhe  Marshal  or  his  dep- 
uties to  enter  any  house,  out-house,  garden,  or  any  place 
of  amusement,  to  arrest  any  person  violating  the  same. 

Sec.  9.  It  shall  be  unlawful  to  beat,  injure,  or  treat  any 
animal  whatever  in  an  immoderate,  cruel,  or  unnecessary 
manner. 

Sec.  10.  It  shall  be  unlawful  for  any  person  or  persons 
maliciously  or  intentionally  to  injure,  deface,  mutilate,  or 
destroy  any  public  property  of  the  city,  or  any  house, 
building,  tree,  plant,  shrub,  fence,  railing,  fixture,  or  other 
structure,  or  any  goods  and  chattels  the  property  of  any 
other  person  or  persons. 

Sec.  11.  It  shall  be  unlawful  for  any  person  or  persons 
to  resist  or  molest  any  city  officer  in  the  execution  or  per- 
formance of  his  duty. 

Sec.  12.  It  shall  be  unlawful  for  any  person  to  print, 
engrave,  make,  sell,  or  offer  for  sale,  or  exhibit  as  for  sale, 
or  for  any  other  purpose,  any  indecent,  immodest,  or  las- 
civious book,  pamphlet,  paper,  picture,  or  statuary. 

Sec.  13.  It  shall  be  unlawful  for  any  person  or  persons 
to  play  at  marbles,  quoits,  or  other  game  or  sport,  on  the 
first  day  of  the  week,  commonly  called  Sunday. 

Sec.  14.  It  shall  be  unlawful  for  any  person  or  persons 
to  expose  for  sale  any  article  of  merchandise  by  hanging 
the  same  outside  the  door  or  window  of  any  house,  or  by 
placing  the  same  upon  any  sidewalk  or  street  within  the 
city  on  the  first  day  of  the  week,  commonly  called 
Sunday. 

Sec.  15.  It  shall  be  unlawful  for  any  company  of  per- 
sons, society,  or  association  to  hold  or  conduct  any  pro- 
cession or  parade  on  the  first  day  or  the  week,  commonly 
called  Sunday;  and  every  person  participating  in  such 
procession  or  parade  shall  be  deemed  a violater  of  this 
section ; but  this  section  shall  not  be  so  construed  as  to 
include  funeral  processions,  or  any  procession  of  any 
church  or  religious  society,  or  congregation  engaged  in 


CITY  OF  EVANSVILLE. 


229 


the  performance  of  any  ceremony  of  their  religion  or 
worship. 

Sec.  16.  It  shall  be  unlawful  for  any  band  of  instru- 
mental musicians  to  perform  on  the  first  day  of  the  week, 
commonly  called  Sunday;  and  every  person  who  shall 
participate  in  such  performance  shall  be  deemed  to  have 
violated  this  section ; but  this  section  shall  not  be  so  con- 
strued as  to  prohibit  any  church  or  congregation  from 
using  instrumental  music  of  any  kind  while  engaged  in 
worship  or  in  the  performance  of  any  ceremony  of  their 
religion. 

Sec.  17.  It  shall  be  unlawful  to  keep  open  for  visitors, 
or  to  visit,  any  theatre,  show,  circus,  or  other  exhibition 
on  the  first  day  of  the  week,  commonly  called  Sunday. 

Sec.  18.  It  shall  be  unlawful  for  any  person  to  engage 
or  participate  in,  or  to  allow  or  permit  about  his  premises, 
any  dance,  carousal,  or  odier  disorderly  conduct,  on  the 
first  day  of  the  week,  commonly  called  Sunday. 

Sec.  19.  It  shall  be  unlawful  for  any  person  to  commit 
an  assault,  or  an  assault  and  battery,  or  to  be  engaged  in 
any  riot  or  affray  within  the  city. 

Sec.  20.  It  shall  be  unlawful  for  any  person  or  persons 
to  run,  or  knowingly  suffer  to  be  run,  his,  her,  or  their 
horse  or  other  animal,  in  what  is  commonly  called  a horse- 
race, or  to  immoderately  lead,  ride,  or  drive  any  horse  or 
other  animal  in  or  along  any  street,  alley,  or  other  public 
place  within  the  limits  of  the  city,  except  in  cases  of  ur- 
gent necessity. 

Sec.  21.  It  shall  be  unlawful  for  any  person  to  keep  a 
house  of  assignation,  or  a house  of  ill- fame,  or  a gam- 
bling-house or  gaming-table,  or  a disorderly  inn,  tavern, 
coffee-house,  or  other  disorderly  house  of  any  kind. 

Sec.  22.  It  shall  not  be  lawful  for  any  person  owning 
or  occupying  any  piece  of  ground,  grocery,  tallow-chan- 
dlery, soap-factory,  tannery,  stable,  barn,  privy,  slaughter- 
house, sewer  or  other  place  or  structure  within  the  city, 


230 


GENERAL  ORDINANCES 


to  .suffer  or  allow  the  same  to  become  or  remain  unclean 
or  filthy,  or  in  such  **a  condition  as  to  offend  the  senses, 
injure  the  health,  or  detract  from  the  comfort  of  any  por- 
tion of  the  inhabitants  of  the  city. 

Sec.  23.  It  shall  not  be  lawful  for  any  person  to  keep 
within  the  limits  of  the  city  any  gun  or  blasting  powder, 
in  any  quantity  greater  than  twenty-five  pounds  at  one 
time  ; and  it  shall  not  be  lawful  to  keep  twenty-five  pounds 
of  such  powder,  or  any  less  quantity,  in  any  other  vessel 
than  a tin*  Canister,  with  a proper  cover  or  stopper,  and 
labelled  with  the  wtfrds  “gunpowder nor  shall  it  be 
lawful  for  any  person  to  sell  any  such  powder  after  twi- 
light, or  by  candle  or  gas  light. 

Sec.  24.  It  shall  not  be  lawful  for  any  person  to  use 
any  lighted  candle,  lamp,  match,  or  other  artificial  light 
not  enclosed  in  a lantern,  or  to  smoke  or  handle  any 
lighted  cigar  or  pipe,  in  any  barn  or  stable  containing 
hay,  straw,  or  other  matter  which  is  easily  ignited. 

Sec.  25.  It  shall  not  be  lawful  for  any  person  having 
charge  of  any  animal  or  animals  which  may  be  hitched 
or  attached  to  any  vehicle  to  leave  the  same  in  any 
street,  alley,  or  other  place  within  the  city,  without  un- 
hitching or  unfastening  the  chains,  traces,  or  yoke  by 
which  such  vehicle  may  be  drawn,  or  without  otherwise 
effectually  securing  each  such  animal  so  that  it  cannot 
run  away  with  such  vehicle;  but  the  provisions  of  this 
section  shall  not  apply  to  licensed  carts  or  drays. 

Sec.  26.  It  shall  not  be  lawful  for  any  person  to  use 
or  drive  a licensed  dray  or  cart  within  the  city  without 
having  a sufficient  lock-chain  attached  thereto;  nor 
shall  it  be  lawful  for  any  person  having  charge  of  such 
cart  or  draj  to  suffer  the  same  to  stand  with  a horse  or 
horses  or  other  animal  or  animals  attached  thereto,  or 
to  lay  down  the  lines  with  which  such  horse  or  horses 
or  other  animal  or  animals  shall  be  driven,  and  go  out 
of  the  reach  of  the  same,  without  locking  the  wheel  of 
such  dray  or  cart,  and  also  fastening  the  lines  to  said 


231 


CITY  OP  EVANSVILLE. 

wheel  or  to  some  other  object,  so  as  to  prevent  the  aiii- 
mal  or  animals  attached  from  running  away  therewith. 

Sec.  27.  It  shall  not  be  lawful  for  any  person  to  erect, 
place,  or  continue,  or  cause  to  be  erected,  placed,  or 
continued,  any  private  dwelling-house  or  other  building 
in,  or  upon,  or  projecting  into  or  upon,  any  public 
ground,  common,  street,  alley,  or  sidewalk  of  the  city  ; 
nor  shall  it  be  lawful  for  any  such  person  to  fail,  neg- 
lect, or  refuse  to  remove  such  house  or-  other  building 
after  notice  from  the  Marshal  so  to  do. 

Sec.  28.  It  shall  not  be  lawful  for  any  person- .to  em 
cumber  or  obstruct  any  street,  alley,  sidewalk,  market- 
place, public  ground  or  building  of  the  city  with  any 
carriage  or  carriages,  dray  or  drays,  cart  or  carts,  box 
or  boxes,  barrel  or  barrels,  lumber,  timber,  firewood, 
coal,  manure,  or  other  substance,  thing,  or  material 
whatever:  Provided , That  the  occupancy  of  three  feet 
of  any  sidewalk  adjoining  the  buildings  by  merchants, 
shop-keepers,  and  others  during  the  daytime  shall  not 
be  deemed  to  be  an  incumbrance  or  obstruction  within 
the  meaning  of  this  section. 

Sec.  29.  It  shall  not  be  lawful  to  injure  or  deface  any 
public  building  or  grounds,  or  their  appurtenances,  at- 
tachments, or  fixtures,  belonging  to  the  city ; or  to 
lead,  ride,  or  drive,  or  cause  to  be  led,  rode,  or  driven, 
any  horse,  mule,  or  ox,  or  any  wagon,  dray,  or  other 
vehicle,  upon,  along,  or  across  any  sidewalk,  or  in  any 
other  manner  to  injure  the  same  ; nor  shall  it  be  lawful 
to  dig  up  any  part  of  any  alley,  street,  landing,  wharf, 
or  public  common,  or  in  any  wise  unnecessarily  to 
injure  the  same,  or  to  injure  any  property,  real  or  per- 
sonal, belonging  to  the  city. 

Sec.  30.  It  shall  not  be  lawful  for  any  person  to  bathe 
in  the  Ohio  River  in  front  of  the  city,  between  the 
mouth  of  the  little  bayou  above  the  city  and  the  mouth 
of  Pigeon  Creek,  or  in  any  part  of  the  canal  within  the 
limits  of  the  city  at  any  time  during  daylight. 


232 


GENERAL  ORDINANCES 


Sec,  31.  It  shall  not  be  lawful  for  any  person  to  roll 
a hoop,  fly  a kite,  play  at  ball  or  long  bullets,  or  throw 
any  stone,  brickbat,  stick,  or  other  hard  substance, 
along,  across,  or  over  any  street,  alley,  or  sidewalk, 
within  the  city,  or  to  indulge  in  any  other  practice 
having  a tendency  to  annoy  any  person,-  or  endanger 
life  or  property,  or  to  frighten  teams,  horses,  or  other 
animals. 

Sec.  32.  It  shall  not  be  lawful  for  any  person  to  dis- 
charge any  cannon,  swivel,  rifle,  or  other  fire-arms  ; or 
to  set  off  any  fire-cracker,  squib,  or  other  fire-works, 
within  the  city,  except  upon  the  first  day  of  January, 
the  twenty-second  day  of  February,  the  fourth  day  of 
July,  and  Christmas  Day : Provided , That  nothing 
herein  contained  shall  prohibit  the  discharge  of  fire- 
arms by  the  military,  when  on  parade  or  engaged  in 
training:  And  'provided  also , That  the  Mayor  and  any 
two  Councilmen  may  authorize  the  discharge  of  fire- 
arms or  cannon  in  commemoration  of  any  important 
event. 

Sec.  33.  It  shall  not  be  lawful  for  any  person  to 
throw,  or  cause  or  procure  to  be  thrown,  any  stone, 
brickbat,  water,  or  any  other  substance,  at,  upon,  or 
against  any  house,  fence,  out-house,  or  other  building 
or  structure  within  the  city,  with  the  intention  of  in- 
juring the  same,  or  with  the  intention  of  injuring,  an- 
noying, or  alarming  any  other  person  or  persons. 

Sec.  34.  It  shall  not  be  lawful  to  put  any  filth  or 
rubbish  of  any  description  into  any  cistern  belonging  to 
the  city,  or  in  any  manner  to  injure  the  same,  or  to  ob- 
struct or  injure  any  sewer  or  drain  within  the  city. 

Sec.  35.  It  shall  not  be  lawful  for  any  person  to  put 
any  dead  animal  into  the  Ohio  River  opposite  to  the 
city,  or  within  one  mile  above  the  same,  or  into  the 
canal  within  the  city,  or  within  one  mile  above  the  same. 

Sec.  36.  It  shall  not  be  lawful  for  any  person  to  cause, 
or  assist  in  causing,  a false  alarm  of  fire  to  be  given, 


CITY  OF  EVANSVILLE. 


233 


with  an  intent  to  deceive  any  portion  of  the  inhabitants 
of  the  city. 

Sec.  37.  It  shall  not  be  lawful  for  any  person  wan- 
tonly to  injure  any  private  building,  market-house, 
seminary,  or  any  edifice  whatever,  or  any  shade  or 
ornamental  tree  (or  the  box  or  protection  around  the 
same)  planted  in  any  street  or  public  ground  within  the 
city. 

Sec.  38.  It  shall  not  be  lawful  for  any  person  to  keep 
ashes  in  a barrel,  box,  or  other  combustible  vessel, 
within  twenty  feet  of  any  dwelling-house,  or  store,  or 
business  house,  or  within  ten  feet  of  any  out-house  or 
fence. 

Sec.  39.  It  shall  not  be  lawful  to  dig  or  remove,  or 
carry  away,  for  private  use,  any  earth  or  sand  from  any 
part  of  the  bank  of  the  Ohio  River  in  front  of  the  city, 
and  not  owned  by  private  individuals,  without  the  per- 
mission of  the  Common  Council  first  obtained  so  to  do. 

Sec.  40.  It  shall  not  be  lawful  for  any  person  to  pull 
down,  deface,  or  destroy  any  written  or  printed  adver- 
tisement or  notice  posted  up  at  any  proper  place  within 
the  city  by  any  officer  of  the  city  in  the  performance 
of  his  official  duties. 

Sec.  41.  It  shall  not  be  lawful  for  any  person  to  hitch 
any  horse  or  other  animal  without  securing  the  same 
so  that  it  cannot  go  upon  or  over  any  sidewalk  wfithin 
the  city,  nor  shall  it  be  lawful  to  hitch  any  such  animal 
to  any  shade  or  ornamental  tree  in  such  a manner  that 
such  animal  can  injure  the  same. 

Sec.  42.  It  shall  not  be  lawful  for  any  person  to  dig, 
or  cause  to  be  dug,  any  ditch  or  drain,  for  the  purpose 
of  conducting  water  over  the  bank  of  the  Ohio  River 
in  front  of  the  city,  unless  by  the  direction  or  with  the 
permission  of  the  Common  Council. 

Sec.  43.  It  shall  not  be  lawful  for  any  person  having 
the  care  or  control  of  any  dray,  cart,  wagon,  carriage, 

30 


234  : GENERAL  ORDINANCES  » 

buggy,  or  other  wheeled  vehicle,  to  allow  or  cause  the 
same  to  b6  stopped  over  or  across  any  gunwale  or  foot- 
path, at  the  intersection  of  any  streets,  or  at  the  inter- 
section of  any  street  and  alley,  so  as  to  obstruct  the 
passage  of  foot-passengers  along  or  over  such  gun- 
wale or  foot-path. 

Sec.  44.  Every  vagrant,  every  street  beggar,  and  every 
common  prostitute  found  within  the  city  shall  be  sub- 
ject to  the  penalty  hereinafter  prescribed  for  a breach  of 
any  of  the  provisions  of  this  ordinance,.  Every  person 
who  shall,  within  the  city,  get  his  livelihood  by  gaming, 
and  every  able-bodied  person  who  may  be  found  loit- 
ering and  wandering  about  the  city,  and  not  having 
wherewithal  to  maintain  himself  or  herself  by  some  vis- 
ible property  or  means,  and  who  doth  not  betake  him- 
self or  herself  to  labor  or  some  honest  calling  to  pro- 
cure a subsistence,  -and  every  person  who  shall  be 
guilty  of  habitual  drunkenness,  without  any  visible 
means  of  support,  shall  be  deemed  and  taken  to  be  a 
vagrant.  Every  female  resident  in  the  city  who  shall 
gain  her  livelihood  in  whole  or  in  part  by  the  promis- 
cuous prostitution  of  her  body  shall  be  deemed  and 
taken  to  be  a common  prostitute.  Every  person  who 
shall  obtain  his  or  her  livelihood,  either  in  whole  or  in 
part,  by  street  begging  within  the  city,  shall  be  deemed 
and  taken  to  be  a street  beggar. 

Sec.  45.  It  shall  be  unlawful  for  any  person  to  have 
or  possess  within  said  city  any  of  the  tools,  implements, 
or  apparatus  of  a burglar,  counterfeiter,  or  pickpocket, 
unless  the  person  possessing  the  same  can  affirmatively 
show  that  they  were  not  procured  and  are  not  held  for 
dishonest  purposes. 

Sec.  46.  It  shall  be  unlawful  for  any  person  within 
the  city  of  Evansville  to  attempt  to  commit  a felony,  or 
to  attempt  to  do  or  commit  any  act  which,  if  consum- 
mated, would  render  such  person  guilty  of  a felony  by 
and  under  the  laws  of  the  State  of  Indiana. 


CITY  OF  EVANSVILLE. 


235 


Sec.  47.  It  shall  be  unlawful  for  any  person,  either  by 
himself  or  agent,  to  transact  any  business,  or  do  any 
act,  without  procuring  a license  from  the  city  authori- 
ties therefor,  when  such  license  is  required  by  any  ordi- 
nance of  the  city  heretofore  passed  or  hereafter  to  be 
passed. 

Sec.  48.  It  shall  be  unlawful  for  any  person  or  per- 
sons to  remain,  assemble,  or  congregate  at  or  near  the 
door  or  window  of  any. church,  house,  or  building-used' 
or  occupied  for  the  purpose  of  religious  worship,  and 
make  any  noise,  either  by  conversing  or  otherwise,  to 
the  annoyance  or  disturbance  of  any  person  or  persons. 

Sec.  49.  Any  person  or  persons  who  shall  offend 
against  any  provision  or  provisions  of  this  ordinance 
shall,  for  every  such  offense,  forfeit  and  pay  any  sum 
not  exceeding  fifty  dollars,  and  for  each  subsequent 
conviction  after  the  first  forfeit,  such  forfeiture  may  be 
increased  by  the  officer  trying  the  cause  to  any  sum 
not  exceeding  one  hundred  dollars. 

) 

Sec.  50.  Whenever  any  act  or  omission  is  rendered 
unlawful  by  any  ordinance  of  the  city  heretofore  passed, 
or  hereafter  to  be  passed,  and  no  penalty  is  prescribed 
by  such  ordinance  for  such  act  or  omission,  the  penalty 
prescribed  by  the  last  preceding  section  of  this  ordi- 
nance shall  apply. 

Sec.  51.  All  ordinances  inconsistent  with  the  provi- 
sions of  this  ordinance,  as  well  as  all  ordinances  within 
the  purview  of  this  ordinance,  are  hereby  repealed;  but. 
offenses  heretofore  committed  against  such  ordinances 
may  be  punished  as  though  this  ordinance  had  not  been 
passed.  W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


i 


236  , 


GENERAL  ORDINANCES 


A SUPPLEMENT  to  an  ordinance  passed  September  13, 1859,  entitled  “An 
ordinance  defining  offenses,  and  providing  punishment  therefor.  ” 

. [Passed  June  16,  1865.] 

[Published  and  in  force  June  20  1865.] 

1.  Wearing  of  rebel  uniforms,  &c.,  prohibited. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  be  unlawful  for  any  per- 
son within  the  limits  of  said  city  to  wear  upon  his  or  her 
person  any  rebel  uniform,  or  any  part  of  the  uniform  re- 
cently in  use  in  the  army  of  the  traitors,  or  any  badge  or 
insignia,  such  as  was  used  or  worn  by  said  traitors,  or  to 
exhibit  any  banner  or  flag  similar  to  those  recognized  and 
used  by  said  traitors,  and  acknowledged  as  the  flag  or 
banner  of  the  so-called  Confederate  States  of  America. 

Sec.  2.  Any  person  or  persons  offending  against  any 
provision  of  this  ordinance,  shall  forfeit  and  pay  not  less 
than  five  nor  more  than  fifty  dollars  for  the  first  offense, 
and  for  any  subsequent  offense  not  more  than  one  hundred 
dollars. 

WILLIAM  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  prohibiting  the  tearing  down  of  handbills,  posters,  pro- 
grammes, and  other  public  notices  and  advertisements,  and  prescribing 
punishment  therefor. 

[Passed  October  25,  1862.] 

[Published  and  in  force  October  29, 1S62.] 

1.  Handbills,  posters,  &c.,  must  not  be  torn  down.  Proviso. 

2.  Penalty. 

3.  Proviso. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  be  unlawful  for  any  per- 
son to  tear  down  any  handbill,  poster,  programme,  or 
other  public  notice  attached  to  any  house,  fence,  wall,  or 


CITY  OF  EVANSVILLE. 


237 


other  structure,  for  the  purpose  of  advertising  any  article 
of  merchandise,  any  lawful  assembly  to  be  held,  or  any- 
thing else  to  be  done  that  is  not  prohibited  by  law  : 
Provided , That  the  owner  or  owners  of  such  house  or 
fence,  or  other  structure,  and  the  person  who  caused 
such  public  notice  to  be  posted  up,  shall  not  be  included 
in  this  ordinance  : And  provided  further , That  no  adver- 
tisements or  notices,  as  above  described,  except  religious 
notices,  or  notices  pertaining  to  the  interment  of  deceased 
persons  shall  be  attached  to  houses  of  worship,  or  within 
the  enclosure  of  cemeteries. 

Sec.  2.  Any  person  violating  the  provisions  of  this  or- 
dinance shall  be  fined  not  less  than  one  nor  more  than  ten 
dollars  for  each  offense  of  which  he  or  she  shall  have 
been  duly  convicted. 

Sec.  3.  Nothing  herein  contained  shall  be  construed  to 
prevent  the  destruction  of  obscene  advertisements  or  no- 
tices, nor  shall  this  ordinance  be  construed  to  interfere 
with  the  execution  of  sections  forty  and  fifty  of  an  ordi- 
nance entitled  “An  ordinance  defining  offenses,  and 
prescribing  punishment  therefor,”  passed  September  13, 
1859.  W.  BAKER,  Mayor. 

Attest ; P.  Burke,  Clerk. 


AN  ORDINANCE  for  the  protection  of  the  public  property  of  the  City  of 

Evansville. 

[Passed  June  6,  1863.] 

(Published  and  in  force  June  8,  1863.) 

1.  No  cow,  horse,  hog,  or  other  animal  to  be  permitted  in  any  cemetery  or 

other  enclosed  public  ground. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  hereafter  be  unlawful  for 
any  person  or  persons  to  place,  or  cause  or  permit  to  be 
placed,  any  cow,  horse,  hog  or  other  animal  in  any  park? 


238 


GENERAL  ORDINANCES 


school-house  lot,  graveyard  cemetery  or  other  lot  belong- 
ing to  the  city. 

Sec.  2,  Any  person  or  persons  violating  the  provisions 
of  this  ordinance,  shall  forfeit  and  pay  for  every  such 
offense  any  sum  not  exceeding  ten  dollars. 

W.  BAKER,  Mayor. 

Attest : A.  Pfafflin,  Clerk. 


AN  ORDINANCE  concerning  the  mode  of  trial  in  certain  cases  before  the 

Mayor. 

[Passed  June  16,  1847.] 

(Published  and  in  force  June  17, 1847.) 

1.  Defendant  in  Mayor’s  Court  may  be  tried  by  Mayor  or  jury,  or  may  be 
recognized  to  appear  at  next  Circuit  Court. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  any  person  shall  be 
arrested  at  the  suit  of  said  city,  and  charged  with  the 
commission  of  any  offense  punishable  by  any  ordinance 
passed  by  the  Common  Council,  and  which  is  also  made 
indictable  by  any  statute  of  the  State  of  Indiana,  such 
person  shall  be  tried  by  the  Mayor  or  by  a jury,  as  he  or 
she  may  elect,  or  such  person  may,  without  a trial,  choose 
to  be  recognized  to  appear  and  answer  to  the  charge  in 
the  next  Circuit  Court  of  Vanderburgh  county,  and  enter 
into  recognizances  accordingly ; and  when  any  such  per- 
son shall  so  elect  to  be  recognized,  it  shall  be  the  duty  of 
the  Mayor  to  cause  such  person  to  enter  into  recognizance 
in  the  manner  which  the  statute  in  force  at  the  time  may 
require  justices  of  the  peace  to  take  recognizances  of  per- 
sons charged  with  crimes  before  them. 

JAMES  G.  JONES,  Mayor. 

Attest;  John  J.  Chandler,  Clerk, 


239 


CITY  OF  EVANSVILLE. 


► 

AN  ORDINANCE  to  require  fines  and  costs  for  breaches  of  the  ordinances 
of  the  city  to  be  satisfied  by  labor,  if  not  paid  or  replevied. 

[Passed  January  16,  1858.] 

(Published  and  in  force  January  18, 1858.) 

1.  Fines  and  costs  to  be  satisfied  by  labor. 

2.  Labor  to  be  performed  under  supervision  of  Mayor  or  Street  Commis- 

sioner. Ball  and  chain  may  be  used. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  any  person  shall  be 
adjudged  to  pay  any  fine  for  a breach  of  any  ordinance 
of  said  city,  and  shall,  for  twenty-four  hours  after  the 
judgment  shall  have  been  rendered  against  him,  fail  to 
pay  such  fine  with  all  the  costs  adjudged  against  him, 
it  shall  be  the  duty  of  the  Mayor  of  the  city  to  cause 
and  require  such  person  to  labor  on  the  streets  or  other 
public  works  of  improvement  of  the  city,  one  day  for 
every  sixty  cents  of  such  fines  and  costs,  until  the  same 
shall  be  fully  satisfied ; from  eight  to  ten  hours  labor  to 
constitute  a day. 

Sec.  2.  Such  labor  may  be  done  under  the  immediate 
supervision  of  the  Mayor,  or  he  may  direct  it  to  be  done 
under  the  direction  of  the  Street  Commissioner ; and  in 
either  case  it  shall  be  lawful  for  the  Mayor  or  Street 
Commissioner  to  require  the  party  convicted  to  labor 
with  a ball  and  chain  attached  to  his  leg  or  ankle  in 
such  manner  as  to  prevent  his  escape,  and  said  Mayor 
or  Street  Commissioner  may  use  such  corporeal  punish- 
ment as  may  be  necessary  to  compel  any  person  con- 
victed as  aforesaid  to  perform  the  required  labor. 

JOHN  HEWSON,  Mayor. 

Attest : Well.  H.  Walker,  Clerk. 


240 


\ 

GENERAL  ORDINANCES 


A SUPPLEMENT  to  an  ordinance  passed  January  16, 1858,  entitled  “ An  or- 
di  nance  to  require  fines  and  costs  for  breaches  of  the  ordinances  of  the  city 
to  he  satisfied  by  labor,  if  not  paid  or  replevied.’' 

[Passed  September  1,  I860.] 

(Published  and  in  force  September  5,  1860.) 

1.  Labor  may  be  performed  under  supervision  of  person  appointed  by  the 
Mayor. 

• Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville j That  whenever,  in  pursuance  of  the 
provisions  of  the  said  ordinance  of  January  16,  1858, 
any  person  shall  he  required  to  perform  any  labor  in 
satisfaction  of  any  judgment  rendered  against  him  for 
the  violation  of  any  ordinance  of  the  city,  such  person 
may  be  required  to  perform  such  labor  under  the  super- 
vision of  any  person  who  may  he  appointed  by  the 
Mayor,  and  the  person  so  appointed  shall  have  all  the 
power  and  authority  conferred  upon  the  Mayor  and 
Street  Commissioner  by  the  second  section  of  said  ordi- 
nance. W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  concerning  officers  and  the  filling  of  vacancies,  • 

[Passed  April  16,  1847.] 

(Published  and  in  force  May  8,  1847. ) 

1.  Certain  officers  to  give  bond  with  security. 

Security  to  be  approved  by  the  Mayor. 

Amount  of  security  to  be  fixed  by  the  Council, 

Oath  of  office  to  be  endorsed  on  bond. 

2.  Vacancies  in  certain  offices,  how  filled. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  all  officers  whose  office  is  created 
by  any  by-law,  ordinance,  rule  or  regulation  of  the 
Council,  except  wood  measurers,  shall,  before  entering 


CITY  OF  EVANSVILLE. 


241 


upon  the  duties  of  their  respective  offices,  severally 
give  bond  with  security,  to  be  approved  by  the  Mayor, 
and  in  such  sum  as  the  Council  shall  direct,  payable  to 
the  city  of  Evansville,  and  conditioned  for  the  faithful 
discharge  of  the  duties  pertaining  to  their  respective 
offices  ; and  also  to  take  an  oath  (to  be  endorsed  upon 
the  bond)  before  the  Mayor,  or  some  other  competent 
authority,  for  the  faithful  discharge  of  such  duties. 

Sec.  2.  Whenever  a vacancy  shall  happen  in  any 
office  (except  Mayor  or  Councilmen),  created  by  the 
charter,  or  any  by-law,  ordinance,  rule  or  regulation  of 
the  Common  Council  of  the  city,  by  reason  of  death, 
removal,  sickness  or  inability  to  act,  or  otherwise,  the 
Mayor,  and  in  his  absence  the  Clerk,  and  in  the  absence 
of  both  Mayor  and  Clerk,  then  one  of  the  Common 
Council  shall  appoint  some  suitable  person  to  fill  such 
vacancy  until  the  next  meeting  of  the  Council,  at  which 
meeting  said  Council  shall  proceed  to  fill  such  vacancy. 

JAMES  G.  J ONES,  Mayor. 

Attest : John  J.  Chandler,  Clerk. 


AN  ORDINANCE  to  prohibit  officers  of  the  city  of  Evansville  from  pur- 
chasing city  orders  for  less  than  their  par  value,  and  for  other  purposes . 

[Passed  June  3, 1848.] 

(Published  and  in  force  June  10, 1848.) 

1 . City  officers  must  not  purchase  city  orders  at  a discount. 

2.  Collector  to  keep  separate  account  of  money  and  orders  received. 

3.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  it  shall  not  be  lawful 
for  the  Mayor  or  any  member  of  the  Common  Council 
of  said  city,  the  Clerk,  Treasurer,  Marshal,  Collector, 
Market  Master,  Wharf-master  or  Weigh  Master,  either 
directly  or  indirectly,  to  purchase,  or  receive  in  payment 
or  exchange,  any  demand  against  the  city,  or  any  city 

81 


242 


GENERAL  ORDINANCES 


order  for  any  claim  allowed  by  the  Council,  for  a less 
amount  than  that  expressed  on-the  face  of  such  demand 
or  order. 

Sec.  2.  That  it  shall  be  the  duty  of  the  City  Collector 
to  enter  upon  the  tax  duplicate  the  several  amounts  of 
money  and  of  city  orders  which  he  shall  receive  in  the 
collection  of  taxes,  and  to  enter  upon  a book  to  be  kept 
by  . him  for  that  purpose,  the  several  amounts  of  money 
and  of  city  orders  which  he  shall  from  time  to  time  re- 
ceive from  any  and  all  sources  other  than  the  yearly 
tax ; and  it  shall  further  be  his  duty,  in  his  returns  to 
be  made  to  the  Common  Council  or  their  Clerk,  on  or 
before  the  first  Monday  in  November,  and  on  or  before 
the  second  Monday  in  March,  to  state  the  aggregate 
amount  received  by  him  from  each  source  of  incidental 
revenue,  and  to  show  separately  the  aggregate  amount 
collected  by  him  from  all  sources,  in  money  and  in  city 
orders. 

Sec.  3.  Every  officer  named  in  the  first  section  of  this 
ordinance  who  shall  violate  any  of  the  provisions  there- 
of, shall  for  every  such  violation  forfeit  and  pay  any 
sum  not  less  than  ten  dollars  nor  more  than  five  hun- 
dred dollars. 

JAMES  Gr.  JONES,  Mayor. 

Attest : John  J.  Chandler,  Clerk. 


AN  ORDINANCE  regulating  the  building  of  party  walls. 

[Passed  April  21,  1847.] 

(Published  and  in  force  May  8,  1847.) 

1.  Surveyors  of  party  walls,  how  appointed  and  term  of  office. 

2.  Surveyors  to  make  out  and  deliver  to  Marshal  notice  of  surv  ey. 

Service  and  return  of  such  notice. 

3.  Notice  must  be  served  three  days,  previous  to*the  time  fixed  for  the  ap- 

praisement. 

4.  Notice,  how  given  to  non-residents. 

5.  Valuation,  how  made  and  returned. 

6.  Dimensions  of  party  walls.  ? 

7.  Surveyors’  fees  * 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  ' Evansville , That' annually  the  Council  shall  elect 


CITY  OF  EVANSVILLE.  243 

three  surveyors  to  view  and  estimate  the  value  of  party 
walls  hereafter  to  be  built  within  the  city,  who  shall 
hold  their  office  for  the  term  of  one  year  from  and  after 
their  election,  and  until  their  successors  are  elected,  and 
qualified. 

Sec.  2.  Before  such  surveyors  shall  proceed  to  view 
and  estimate  the  value  of  any  such  party  wall,  they 
shall  make  out  and  sign  a written  notice,  specifying  the 
time  and  place,  when  and  where  such  view  and  estimate 
will  be  made,  and  also  a particular  description  of  the 
lots  or  parts  of  lots  between  which  such  party  wall  is  a 
partition,  and  deliver  the  same  to  the  Marshal,  who 
shall  serve  such  notice  personally  upon  or  by  leaving  a 
copy  thereof  at  the  residence  or  business  place  of  the 
owner  or  owners  of  any  lot  or  lots,  or  part  of  lot,  upon 
the  line  of  which  such  wall  is  built,  which  notice,  with 
the  fact  and  manner  of  such  service,  shall  be  forthwith 
returned  to  the  City  Clerk,  who  shall  file  and  preserve 
the  same  in  his  office. 

Sec.  3.  Every  notice  required  by  the  second  section  of 
this  ordinance  shall  be  served  in  the  manner  therein 
pointed  out,  at  least  three  days  before  the  time  fixed  by 
such  surveyors  for  the  view  and  valuation  of  such  party 
wall. 

Sec.  4.  Whenever  it  shall  be  made  known  to  said  sur- 
veyors, by  the  Marshal’s  return  to  any  such  notice,  or 
by  any  other  means  whatever,  that  the  owner  or  owners 
of  any  lots,  lot  or  part  of  lot,  upon  the  line  whereof 
any  such  party  wall  is  erected,  is  or  are  a non-resident 
of  the  county  of  Vanderburgh,  and  that  there  is  no 
agent  of  such  owner  or  owners  residing  in  said  county, 
it  shall  be  the  duty  of  said  surveyors  to  notify  such 
owner  or  owners  by  publication*  for  four  weeks  succes- 
sively in  some  newspaper  printed  in  the  city  (if  any 
such  there  be),  of  the  time  and  place,  where  and  when 
such  view  and  valuation  will  be  made  ; and  a copy  of 
such  printed  notice,  with  the  affidavit  of  the  proprietor 


244 


GENERAL  ORDINANCES 


or  publisher  of  such  newspaper  attached  thereto,  shall 
be  procured  by  such  surveyors,  and  deposited  with  the 
City  Clerk,  to  be  by  him  tiled  and  preserved  in  his 
office. 

Sec.  5.  Said  surveyors,  after  having  given  notice  as 
aforesaid,  shall  meet  at  the  time  and  place  appointed, 
and  proceed  to  view  and  value  such  party  wall,  and 
they  shall  have  power  to  adjourn  from  day  to  day  until 
they  shall  have  completed  such  view  and  valuation ; 
and  whenever  the  same  is  completed,  and  reduced  to 
writing  and  verified  in  the  manner  pointed  out  by  the 
charter  of  said  city,  they  shall  deposit  it  with  the  Clerk 
of  the  city,  to  be  by  him  filed  and  kept  in  his  office. 

Sec.  6.  Whenever  any  party  wall  is  to  be  built  on  any 
line  dividing  any  lots  or  parts  of  lots,  when  the  same  is 
to  be  built  of  stone  or  bricks,  it  shall  be  unlawful  for 
any  person  to  build  any  such  wall  unless  the  founda- 
tion thereof  shall  be  at  least  nine  feet  below  the  level 
of  the  side-walk  in  front  of  and  adjoining  such  lots  or 
parts  of  lots,  as  the  same  shall  be  fixed  by  the  City  Sur- 
veyor, and  at  least  eighteen  inches  in  thickness  from 
the  bottom  thereof  up  to  the  first  tier  of  joists,  and 
unless  such  foundation  shall  be  faced  on  both  sides,  and 
unless  such  wall  above  the  first  tier  of  joists  up  to  the 
square  of  the  building  shall  be  at  least  thirteen  inches 
in  thickness,  and  in  length  not  less  than  twenty  nor 
more  than  ninety  feet.* 

Sec,  7.  Such  surveyors  shall  be  entitled  to  receive, 
for  viewing  and  estimating  any  such  wall,  one  dollar 
each,  to  be  paid  by  the  person  claiming  their  services. 

JAMES  G.  JONES,  Mayor. 

Attest : John  J.  Chandler,  Clerk. 

*See  ordinance  of  May  21, 1853— post. 


CITY  OF  EVANSVILLE. 


245 


AN  ORDINANCE  to  amend  an  ordinance  entitled  “An  ordinance  regula- 
ting the  tmilding  of  party  -walls,”  passed  April  21, 1847. 

[Passed  May  21,  1853.] 

(Published  and  in  force  May  25,  1853.) 

1.  Repeal  of  part  of  former  ordinance. 

2.  Dimensions  of  party  walls. 

3.  Parties  may  vary  dimensions  by  agreement. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  so  much  of  the  sixth  section  of 
said  ordinance  as  limits  the  length  of  party  walls  to  ninety 
feet,  be  and  the  same  is  hereby  repealed. 

Sec.  2.  That  party  walls  hereafter  built  in  pursuance  of 
said  sixth  section,  shall  be  at  least  twenty-two  inches  in 
thickness  from  the  bottom  thereof  up  to  the  first  tier  of 
joists,  and  at  least  eighteen  inches  in  thickness  from  the 
first  up  to  the  second  tier  of  joists,  and  at  least  thir- 
teen inches  in  thickness  above  the  second  tier  of  joists 
up  to  the  square  of  the  building;  and  such  party  walls 
shall  be  constructed  according  to  the  provisions  of  said 
sixth  section,  except  so  far  as  said  provisions  are  changed 
by  this  ordinance. 

Sec.  3.  Nothing  contained  in  this  ordinance,  or  in  the 
said  ordinance  passed  April  21st,  1847,  shall  be  so  con-* 
strued  as  to  prevent  the  building  of  any  party  wall  of  any 
thickness,  when  all  the  owners  each  side  of  the  dividing 
line  shall  agree  in  writing  touching  the  thickness  of  such 
walls. 

JOHN  S.  HOPKINS,  Mayor. 

Attest:  Geo.  H.  Todd,  Clerk. 


246 


GENERAL  ORDINANCES 


AN  ORDINANCE  concerning  peddlers. 

[Passed  April  26,  1847.] 

(Published  and  in  force  May  29, 1847.) 

1.  Peddlers  must  obtain  license. 

2.  Price  of  license. 

3.  License,  how  obtained. 

4.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  it  shall  be  unlawful  for 
any  traveling  merchant  or  merchants,  peddler  or  peddlers, 
to  vend  or  offer  for  sale  any  goods,  wares,  merchandise, 
jewelry,  drugs,  clocks,  medicines,  or  any  other  article  of 
value,  except  produce  and  provisions,  within  the  city, 
until  a license  so  to  do  has  first  been  obtained  under 
the  provisions  of  this  ordinance. 

Sec.  2.  The  price  of  license  under  this  ordinance 
shall  be,  for  foot  peddlers  or  merchants,  five  dollars  per 
month ; for  peddling  from  wagons,  carts  or  other  ve- 
hicles, ten  dollars  per  month;  and  no  such  license  shall 
be  granted  for  less  than  one  month,  nor  longer  than  to 
the  first  Monday  of  August  next  following.* 

Sec.  3.  Any  person  wishing  to  procure  a license  under 
this  ordinance,  shall  produce  to  the  city  Clerk  the  Col- 
lector’s receipt  for  the  price  of  such  license,  who  shall 
thereupon  make  out  and  attest  such  license,  and  deliver 
the  same  to  the  applicant,  who  shall  thereupon  procure 
the  signature  of  the  Mayor  thereto. 

Sec.  4.  Any  person  or  persons  vending  or  offering  to 
sell  any  goods,  wares,  merchandise,  jewelry,  drugs, 
clocks,  medicines  or  other  articles  of  value, "except  pro- 
duce and  provisions,  without  first  having  procured  a 
license  according  to  the  requirements  of  this  ordinance, 
shall  for  every  such  offense  forfeit  and  pay  five  dollars. 

JAMES  G.  JONES,  Mayor. 

Attest:  John  J.  Chandler,  Clerk. 

*See  Ordinance  of  November  19,  1853— post. 


CITY  OF  EVANSVILLE. 


247 


AN  ORDINANCE  to  amend  an  ordinance  passed  April  26th,  1847,  entitled. 

“An  ordinance  concerning  peddlers.” 

[Passed  November  19,  1853.] 

(Published  and  intorce  November  22, 1853.) 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  the  price  of  license 
under  said  ordinance  of  April  26th,  1847,  shall  be  for 
foot  peddlers  or  merchants,  not  less  than  five  nor  more 
than  twenty-five  dollars  per  month ; for  peddling  from 
wagons,  carts  or  other  vehicles,  not  less  than  ten  dollars 
nor  more  than  thirty  dollars  per  month : and  it  shall  be 
the  duty  of  the  City  Treasurer  to  fix  the  amount  of 
every  such  license  when  application  is  made  for  his  re- 
ceipt for  the  license  money. 

JOHN  S.  HOPKINS,  Mayor. 

Attest : Geo.  H.  Todd,  Clerk. 


AN  ORDINANCE  further  to  amend  an  ordinance  passed  April  26, 1847,  enti- 
tled “ An  Ordinance  concerning  peddlers.” 

[Passed  December  19,  1870.] 

(Published  and  in  force  December  21,  1870.) 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  hereafter  be  unlawful 
for  any  peddler,  or  any  other  person  or  persons  to  an- 
nounce publicly  or  cry  out,  upon  any  street  or  side- 
walk of  the  city,  any  goods,  wares  or  merchandise, 
which  he  or  they  propose  to  sell,  or  upon  any  pretense 
whatever,  to  invite  or  solicit  a collection  or  crowd  of 
persons  upon  any  such  streets  or  sidewalks : Provided , 
That  announcements  made  by  or  for  auctioneers,  mer- 
. chants  or  other  persons,  stating  the  time  or  place,  when 
or  where  any  goods,  wares  or  merchandise  will  be  sold, 
either  at  auction  or  otherwise,  shall  not  be  held  or  con  - 


.248 


GENERAL  ORDINANCES 


strued  as  an  infringement  of  the  provisions  of  this  or- 
dinance. 

WILLIAM  BAKER,  Mayor. 
Attest : William  Helder,  Clerk. 


AN  ORDINANCE  in  relation  to  the  police  force  of  the  city  of  Evansville. 

. [Passed  March  19,  1866.] 

(Published  and  in  force  March  21,  I860. ) 

1.  Police  force,  what  to  constitute. 

2.  Distribution  of  duties. 

3.  Policemen  to  take  and  subscribe  oath. 

4.  Duties  of  policemen. 

5.  Police  force,  how  regulated,  who  may  be  appointed,  and  how  policemen 

may  be  removed. 

6.  Duties  of  Chief  of  Police. 

7.  Policemen  must  not  resign  without  giving  notice. 

8.  Policemen  must  receive  no  fee  other  than  their  regular  salary. 

9.  Chief  of  Police  to  assign  policemen  to  duty. 

10.  Other  duties  of  policemen. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  police  force  of  the  city  shall 
consist  of  the  Marshal,  the  Deputy  Marshal,  a Chief  of 
Night  Police,  and  such  number  of  policemen  as  the 
Common  Council  may  from  time  to  time  fix  and  de- 
termine ; said  policemen  to  be  appointed  by  the  Coun- 
cil, to  serve  during  the  pleasure  of  the  Council,  and 
to  receive  such  compensation  as  the  Council  may  fix 
and  determine. 

Sec.  2.  The  Marshal  and  his  deputy  or  deputies,  and 
the  day  Wharf-master,  shall  constitute  the  day  police 
force  of  the  city,  and  the  Chief  of  Police  and  all  the 
other  policeman  shall  constitute  the  night  police  force 
of  the  city. 

Sec.  3.  That  upon  the  appointment  by  the  Common 
Council  of  any  member  of  such  police  force,  it  shall  be 
the  duty  of  the  City  Clerk  to  issue  to  him  a certificate 
of  such  appointment,  and  each  person  receiving  such 
certificate  shall  immediately  take  and  subscribe  an  oath 


CITY  OF  EVANSVILLE.  , 249 

to  support  the  Constitution  of  the  United  States,  and 
the  Constitution  of  the  State  of  Indiana,  and  to  dis- 
charge faithfully  all  their  duties,  which  oath  shall  he 
endorsed  upon  their  certificate  of  appointment  and 
filed  with  the  City  Clerk. 

Sec.  4.  The  members  of  the  police  force,  during  their 
hours  of  service,  shall  keep  strict  watch  within  and 
throughout  their  respective  districts  or  beats,  observe 
the  conduct  and  movements  of  all  suspicious  persons, 
suppress  all  disturbances,  riots  and  unlawful  assem- 
blages, and  arrest,  with  or  without  process,  and  bring 
before  the  Mayor  or  Recorder  of  said  city,  any  person 
discovered  or  caught  in  the  act  of  violating  any  ordi- 
nance of  said  city,  or  penal  law  of  the  State  of  Indiana, 
and  to  notify  parties  ignorant  of  the  laws  or  ordinances 
regulating  the  use  of  streets,  alleys  and  side-walks,  that 
they  are  violating  the  law,  and  if  such  offenders  shall 
persist  in  so  offending,  to  arrest  them  and  bring  them 
before  the  Mayor  or  Recorder  without  process,  or  else 
commit  such  persons  to  jail  until  complaint  for  such 
offense  can  be  made  before  said  Mayor  or  Recorder: 
Provided , That  no  person  shall  be  confined  to  jail,  by 
virtue  of  such  arrest  and  commitment,  longer  than 
until  two  o’clock  p.  M.  of  the  next  succeeding  day,  un- 
less such  succeeding  day  be  Sunday,  in  which  case  such 
confinement  shall  continue  only  until  ten  o’clock  of  the 
forenoon  of  the  following  Monday. 

Sec.  5.  That  the  qualification  and  distribution  of 
duties,  mode  of  trial  and  dismissal  from  service  of  each 
member  of  the  police  force,  shall  be  particularly  defined 
and  prescribed  by  rules  and  regulations  of  the  Common 
Council,  in  accordance  with  the  Constitution  and  laws 
of  the  United  States  and  the  State  of  Indiana  applica- 
ble thereto  : Provided , That  no  person  shall  be  so  ap- 
pointed, or  hold  any  position  in  the  police  force  afore- 
said, who  shall  ever  have  been  convicted  of  crime,  or 
borne  arms  in  the  service  of  the  traitors  in  their  war 

32 


■t 


250  GENERAL  ORDINANCES 

• 

against  the  Union  : And  Provided , /itr£/^r,  That  no  per- 
son  shall  be  removed  from  the  police  force  aforesaid, 
except  upon  written  charges  preferred  against  him  to 
the  Common  Council,  and  after  an  opportunity  shall 
have  been  offered  him  of  being  heard  in  his  defense. 

Sec.  6.  The  Chief  of  Police,  having  just  cause  to 
suspect  that  any  felony  has  been,  or  is  being,  or  isabout* 
to  be  committed  within  any  building  within  said  city, 
may  enter  upon  the  same  at  all  hours  of  the  day  or 
night,  to  take  all  necessary  measures  for  the  effectual 
prevention  or  dectection  of  all  felonies,  and  may  take 
then  and  there  into  custody  all  persons  suspected  of 
being  concerned  in  such  felonies,  and  also  may  take 
charge  of  all  property  which  he  or  they  shall  have  then 
and  there  just  cause  to  suspect  has  been  stolen. 

Sec.  7.  That  no  member  of  the  police  force,  under 
penalty  of  forfeiting  the  pay  which  may.be  due  to  him? 
shall  withdraw  or  resign  from  the  police  force,  unless 
he. shall  have  given  ten  days’  notice  thereof,  in  writing, 
to  the  Chief  of  Police;  and  no  person  who  shall  have 
been  removed,  for  “cause,  from  the  police  force  estab- 
lished by  this  ordinance,  shall  be  re-appointed  to  any 
position  in  the  said  police  force. 

Sec.  8.  That  no  member  of  the  police  force  shall  re- 
ceive, or  share  in,  for  his  o\Vn  benefit,  under  any  pre- 
tense whatever,  any  present,  fee,  or  emolument,  for 
police  services,  other  than  the  regular  salary  and  pay 
provided  by  this  ordinance,  except  by  consent  of  the 
Common  Council. 

. • 

Sec.  9.  It  shall  be  the  duty  of  the  Chief  of  Police  to 
assign  the  several  policemen  to  such  districts  as  he  may 
select ; and  all  memb'ers  of  the  police  force  of  the  city 
shall,  in  the  discharge  of  their  several  duties,  be  gov- 
erned by  such  rules  and  regulations  as  the  Common 
Council  may  from  time  to  time  fix  and  adopt. 

Sec.  10.  It  shall  be  the  duty  of  all  the  members  of  the 
police  force,  whether  in  the  day-time  or  in  the  night- 


CITY  OF  EVANSVILLE. 


251 


' time,  to  assist  the  Mayor,  Marshal,  and  Chief  of  Police 
in  preserving  order  and  suppressing  riotous  and  disor- 
derly conduct,  especially  upon  public  qpcasions,  and  to 
arrest  all  persons  found  in  the  act  of  violating  any  law 
of  the  State  or  ordinance  of  the  city. 

W.  BAKER,  Mayor. 

. Attest : A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  concerning  the  building  of  privies  within  the  city  of 

Evansville. 

* 

[Passed  September  10,  1853.] 

« 

(Published  and  in  force  September  15,  1853.) 

1.  Privy  vaults  to  be  at  least  twelve  feet  deep. 

How  walled. 

Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  no  privy  shall  hereafter  be 
built,  constructed  or  erected  within  the  limits  of  said 
city,  unless  the  pit  or  vault  thereof  is  sunk  or  dug  to 
the  depth  of  at  least  twelve  feet  below  the  surface  of 
thg  ground,  and  walled  with  brick  or  stone ; said  wall 
to  be  nine  inches  in  thickness,  unless  the  pit  is  circu- 
lar; and  any  person  who  shall  violate  the  provisions  of 
this  ordinance  shall,  for  ervery  such  offense,  forfeit  and 
pay  not  more  than  twenty  dollars,  nor  less  than  five 
dollars. 

JOHN  S.  HOPKINS,  Mayor. 

Attest : Gio.  H.  Todd,  Olerk. 


252 


GENERAL  ORDINANCES 


A SUPPLEMENT  to  an  ordinance  passed  September  10,  1853,  entitled  “ An 
Ordinance  concerning  the  building  of  privies  within  the  city  of  Evans- 
ville,” 

[Passed  February  17,  1868.] 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  no  privy  shall  hereafter  be 
built,  constructed  or  erected  within  the  limits  of  said 
city,  unless  the  pit  or  vault  thereof  is  dug  to  the  depth 
of  twenty  feet  below  the  surface  of  the  ground,  and 
walled  with  brick  or  stone  ; said  wall  to  be  nine  inches 
in  thickness,  unless  the  pit  is  circular,  in  which  case 
the  wall  shall  not  be  less  than  four  inches  in  thickness ; 
and  any  person  who  shall  violate  the  provisions  of  this 
ordinance  shall,  for  every  such  offense,  forfeit  and  pay 
any  sum  not  less  than  ten  dollars,  nor  more  than  fifty 
dollars. 

WILLIAM  BAKER,  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 


CITY  OF  EVANSVILLE. 


'253 


AN  ORDINANCE  in  relation  to  sidewalk  improvements  and  repairs,  and 
providing  for  the  assessment  and  collection  of  the  costand  expenses  of  such 
improvements  and  repairs,  and  for  the  sale  and  conveyance  of  real 
estate  charged  with  any  portion  of  such  cost  and  expenses.* 

[Passed  December  23,  1865.] 


( Published  and  in  force  December  30, 1865. ) 

1.  Sidewalks  classified. 

2.  Sidewalks  of  class  No.  1,  how  made. 

Description  of  curbing;  width  of  sidewalks. 

3.  Class  No.  2,  how  constructed. 

4.  Grade,  how  ascertained  and  fixed. 

5.  Sidewalk  improvements,  how  ordered. 

6.  Order  to  be  published. 

When  owner  of  real  estate  may  construct  sidewalk. 

When  owner  of  real  estate  may  not  construct  sidewalk. 

If  improperly  constructed  to  be  removed. 

7.  Sidewalks  not  made  by  owner,  to  be  made  by  direction  of  Council. 

When  made,  Mayor  to  make  a report  of  cost,  &c. 

8.  When  approved  by  Council,  report  to  be  recorded. 

Assessment  of  cost  and  expenses. 

9.  When  precept  to  be  issued  to  Collector. 

When  separate  precept  to  be  issued  against  each  lot. 

10.  Advertisement  and  sale  under  precept. 

Collector’s  duty  under  precept. 

Redemption  of  real  estate  sold  under  precept. 

Treasurer’s  duties. 

When  deed  to  be  made  for  real  estate  sold. 

Provisions  of  ordinance  of  June  3,  1859,  made  applicable  to  sidewalk  im- 
provements. 

11.  Duties  of  Clerk  and  Collector. 

12.  Curbing  to  be  of  plank  unless  otherwise  stated  in  order. 

13.  Repeal. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  all  sidewalks  within  the  city 
shall  be  divided  into  two  classes,  one  of  which  shall  be 
designated  as  Class  No.  1,  and  the  other  as  Class  No.  2. 

Sec.  2.  All  sidewalks  of  Class  No.  1 shall  be  construct- 
ed of  good,  hard,  well-burned  bricks,  laid  in  a bed  of  good 
sand  not  less  xhan  three  inches  in  depth,  and  covered  with 
a sufficient  quantity  of  good  sand  to  fill  all  the  spaces  be- 
tween the  bricks.  The  curbing  shall  be  of  either  stone 
or  plank,  as  the  Council  may,  in  the  order  requiring  the 
improvement  to  be  made,  direct.  If  the  curbing  be  of 

-'•Amended  April  20, 1870.  See  post. 


254 


GENERAL  ORDINANCES 


stone,  it  shall  be  not  less  than  six  inches  thick,  by  at  least 
eighteen  inches  deep,  with  a base  equal  to  three-fourths 
of  the  top,  dressed  square  to  the  depth  of  at  least  six  in- 
ches on  each  end,  firmly  set,  closely  adjoining  each  other, 
with  even  surface  at  the  top,  and  dressed  four  inches  from 
the  top  on  the  side  next  to  the  gutter,  and  three  inches 
from  the  top  on  the  side  next  to  the  pavement,  and  no 
stone  to  be  less  than  three  feet  in  length.  If  the  curbing 
be  of  plank,  it  shall  be  of  good  sound  white  oak,  not  less 
than  two  and  a half  inches  thick,  nor  less  than  twelve 
inches  wide,  and  shall  be  well  secured  to  good,  sound 
white  oak  posts,  not  less  than  four  inches  square,  well  se- 
cured in  the  ground  to  the  depth  of  at  least  two  feet,  and 
not  more  than  six  feet  apart.  The  width  of  all  sidewalks 
of  class  No.  1 shall  be  as  follows,  to-wit : On  Main  and 

Water  streets,  twelve  feet;  on  Fulton  avenue  and  Frank- 
lin street,  fifteen  feet ; on  all  other  streets  which  are  eighty 
feet  wide,  the  width  of  such  sidewalks  shall  be  twelve 
feet,  and  all  other  streets  ten  feet,  except  streets  less  than 
sixty  feet  in  width,  in  which  cases  the  sidewalks  shall  be 
eight  feet  wide. 

Sec.  3.  All  sidewalks  of  Class  No.  2 shall  be  construct- 
ed of  good,  sound,  two-inch  oak,  pine,  poplar  or  hemlock 
plank,  square-edged,  laid  down  upon  and  safely  secured 
to  good,  sound  oak  cross-ties,  not  less  than  four  by  four 
inches  in  thickness,  and  not  more  than  four  feet  apart. 
The  portion  of  each  street  set  apart  for  sidewalk  purposes 
shall  be  the  same  in  width  as  prescribed  in  the  last  pre- 
ceding section ; but  when  a sidewalk  of  class  No.  2 is  di- 
rected to  be  made,  the  space  planked  shall  be  at  least 
four  feet  in  width,  and  shall  be  placed  in  or  near  the  mid- 
dle of  the  space  set  apart  for  sidewalk  purposes. 

Sec.  4.  Whenever  the  Common  Council  shall  direct  the 
sidewalk  in  front  of  or  adjoining  any  lot  or  part  of  a lot, 
or  other  piece  of  ground,  to  be  graded  and  paved,  or  when- 
ever the  owner  or  owners  of  such  premises  shall  signify 
to  the  Mayor  or  City  Surveyor  a wish  to  grade  and  pave 
the  sidewalk  in  front  thereof,  it  shall  be  the  duty  of  the 


CITY  OP  EVANSVILLE. 


255 


City  Surveyor  and  Mayor  to  fix  the  proper  grade  for  such 
sidewalk  orsidewalks,  and  all  sidewalks  shall  be  according 
to  the  grade  thus  furnished. 

Sec.  5.  Whenever  the  Common  Council  shall,  in  pur- 
suance  of  the  charter  of  the  city,  order  and  require  any 
sidewalk  to  be  made  or  repaired,  an  order  shall  be  passed 
directing  and  requiring  such  sidewalk  to  be  made  or  re- 
paired ; and  if  the  order  require  a new  sidewalk  to  be 
made,  said  order  shall  state  whether  such  sidewalk  shall 
be  of  Cl  ass  No.  1 or  Class  No.  2.  Said  order  may  include 
any  number  of  lots  or  parts  of  lots,  or  other  pieces  or  par- 
cels of  ground  on  the  same  street,  or  each  order  may,  in 
the  discretion  of  the  Council,  only  include  a single  parcel 
of  ground;  and  the  order  shall  designate  the  parcel  or 
parcels  of  ground  in  front  of  or  adjoining  to  which,  such 
improvement  or  repairs  are  to  be  made,  either  by  the 
number  of  the  lot  or  block,  or  by  specifying  certain  points 
on  the  street  on  which  such  sidewalk  or  sidewalks  may 
be  situated. 

Sec.  6.  It  shall  be  the  duty  of  the  Clerk,  as  soon  as 
practicable  after  the  passage  of  such  order,  to  cause  a 
notice  thereof  to  be  published  in  some  newspaper 
printed  and  published  in  the  city,  and  at  an}T  time 
within  thirty  days  from  the  publication  of  such  notice 
the  owner  or  claimant  of  an}’  lot  or  parcel  of  ground 
embraced  therein  may  make  the  improvement  or  re- 
pairs required  to  be  made  by  such  order  in  front  of  or 
adjoining  the  premises  of  such  owner  or  claimant;  but 
such  improvement  or  repairs  shall  be  made  in  strict 
conformity  to  the  requirements  of  this  ordinance  and  to 
the  requirements  of  such  orders ;- and  if  thus  made 
within  the  thirty  days  aforesaid,  no  further  action  of 
the  Council  as  to  the  premises  of  such  owner  or  claim- 
ant shall  be  based  upon  such  order : Provided,  however, 
That  if  such  owner  or  claimant  shall  have,  within  said 
thirty  days,  made  a bona  fide  commencement  to  do  the 
work  required,  and  shall  be  diligently  prosecuting  the 
same,  the  Council  may,  in  its  discretion,  grant  to  such 


56 


GENERAL  ORDINANCES 


owner  or  claimant  further  time  for  the  completion 
thereof ; but  if  such  owner  or  claimant  shall  not,  within 
said  thirty  days,  have  commenced  to  do  the  work  re- 
quired by  such  order,  it  shall  be  unlawful  for  him  to  do 
said  work,  or  cause  it  to  be  done,  or  in  any  manner  in- 
terfere with  the  person  or  persons  who  may  be  em- 
ployed by  the  city  to  do  the  same  : And  provided , fur- 
ther, That  if  any  such  owner  or  claimant  shall  construct 
or  cause  to  be  constructed  any  sidewalk,  or  make  any 
repairs  thereon,  in  pursuance  of  any  such  order,  either 
before  or  after  the  expiration  of  the  said  thirty  days, 
and  such  improvement  or  repairs  shall  not  be  in  accord- 
ance with  the  requirements  of  such  order  and  the  pro- 
visions of  this  ordinance,  it  shall  be  the  duty  of  the 
person  or  persons  who  may  be  employed  by  the  city  to 
make  such  improvements  or  repairs  to  remove  such 
sidewalk  and  construct  a sidewalk  instead  thereof  in 
strict  accordance  with  such  order  and  the  provisions  of 
this  ordinance. 

Sec.  7.  If  any  owner  or  owners,  or  claimant  or  claim- 
ants, of  any  lot  or  lots,  or  other  parcel  or  parcels  of 
real  estate,  included  or  embraced  in  such  order,  shall 
n-ot  make  the  improvement  or  repairs  required  by  such 
order  within  the  thirty  days  aforesaid,  then  the  Com- 
mon Council  shall  cause  such  improvements  or  repairs 
o be  made,  under  the  direction  of  the  Mayor  and  City 
Surveyor,  within  six  months  from  and  after  the  expira- 
tion of  the  thirty  days  aforesaid;  and  as  soon  as  prac- 
ticable after  the  completion  of  said  work,  the  Mayor 
shall  make  to  the  Council  a report  in  writing,  appor- 
tioning the  entire  cost  and  expenses  of  making  said 
improvement  or  repairs,  among  all  the  lots  or  parcels 
of  real  estate  chargeable  therewith,  equally  per  front 
foot,  setting  forth  the  whole  length  of  sidewalk  made 
or  repaired  by  the  city  under  said  order,  the  aggregate 
amount  of  the  actual  cost  thereof,  and  the  cost  per 
front  foot,  and  the  amount  chargeable  to  each  separate 
lot  or  parcel  of  real  estate,  with  the  name  of  the  owner 


CITY  OF  EVANSVILLE. 


257 


or  claimant  of  each  such  lot  or  parcel,  where  the  name 
of  such  owner  or  claimant  is  known;  and  if  the  name 
of  such  owner  or  claimant  is  unknown  to  the  Mayor, 
the  fact  shall  be  stated  in  said  report;  and  said  report 
shall  also  contain  a description  of  each  separate  lot  or 
parcel  of  real  estate  charged  with  any  portion  of  said 
cost  and  expense  of  making  said  improvement  or  re- 
pairs. 

Sec.  8.  The  said  report  or  apportionment,  after  being 
submitted  to  and  approved  by  the  Common  Council, 
shall  be  recorded  by  the  Clerk  in  the  minute-book  of 
the  Council,  and  the  Council  shall  thereupon  pass  an 
order  assessing  and  charging  against  each  lot  or  parcel 
of  real  estate  the  share  or  proportion  of  the  cost  and 
expenses  of  making  such  improvement  or  repairs  with 
which  such  lot  or  parcel  of  real  estate  is  chargeable 
under  the  provisions  of  this  ordinance. 

Sec.  9.  If  any  owner  or  claimant  of  any  lot  or  other 
parcel  of  real  estate  shall  not  within  thirty  days  from 
and  after  the  making  of  the  assessment  contemplated 
by  the  last  preceding  section  pay  the  amount  which 
may  have  been  assessed  against  the  lot  or  lots,  or  parcel 
or  parcels  of  real  estate,  owned  or  claimed  by  him,  it 
shall  be  the  duty  of  the  Mayor  to  issue  a precept  against 
such  lot  or  parcel  of  real  estate  to  the  Collector  of  the 
city,  which  precept  shall  be  signed  by  the  Mayor,  at- 
tested by  the  Clerk,  and  sealed  with  the  corporate  seal 
of  the  city;  and  after  stating  the  fact  that  said  assess- 
ment was  made,  and  the  amount  thereof,  and  referring 
to  the  record  thereof,  and  setting  forth  a description  of 
the  lot  or  other  parcel  of  real  estate  so  assessed,  and  the 
name  of  the  owner  or  claimant  thereof  (if  such  name 
be  known),  shall  command  said  Collector  to  sell  and 
convey  the  lot  or  parcel  of  real  estate  therein  described, 
or  so  much  thereof  as  may  be  necessary  for  the  payment 
of  the  amount  so  assessed  and  charged  against  the  same ; 
and  said  precept  shall  be  returnable  within  forty  days 

33 


258 


GENERAL  ORDINANCES 


from  the  date  thereof,  and  the  Collector  shall  in  his  re- 
turn state  his  proceedings  under  the  precept.  A sep- 
arate precept  shall  issue  against  each  lot  or  other  parcel 
of  real  estate,  except  where  there  is  more  than  one  lot 
or  other  parcel  of  real  estate  assessed  to  the  same  owner 
or  claimant,  and  then  all  the  lots  or  parcels  assessed  to 
the  same  owner  or  claimant  shall  be  included  in  one 
precept. 

Sec.  10.  The  premises  mentioned  in  said  precept  shall 
be  advertised  in  the  same  manner  and  for  the  same  time, 
and  said  premises,  or  so  much  thereof  as  may  be  neces- 
sary, shall  be  sold  in  the  same  manner  prescribed  by  the 
eighth  section  of  an  ordinance  passed  June  3,  1859, 
and  entitled  “ An  ordinance  in  relation  to  improvements 
and  repairs  on  the  streets  and  alleys  of  the  city,  and  pro- 
viding for  the  assessment  and  collection  of  the  cost  and 
expenses  of  such  improvements  and  repairs,  and  for  the 
sale  and  conveyance  of  real  estate  charged  with  any  por- 
tion of  said  cost  and  expenses  and  the  Collector  shall, 
in  relation  to  such  sale,  do  all  the  acts  and  perform  all  the 
duties  mentioned  or  prescribed  in  the  ninth  section  of  the 
same  ordinance,  and  the  owner  or  claimant  of  any  lot  or 
parcel  of  real  estate  which  may  be  sold  under  this  ordi- 
nance, may  redeem  such  premises  on  the  same  terms,  in 
the  same  way,  and  within  the  same  time  prescribed  by  the 
tenth  section  ol  .said  ordinance  of  June  3,  1859.  The 
Treasurer  shall,  after  the  expiration  of  one  year  from  the 
day  on  which  any  lot  or  parcel  of  real  estate  shall  have 
been  sold,  under  this  ordinance  ( if  it  shall  not  have  been 
redeemed),  upon  the  delivery  to  him  of  the  certificate  of 
purchase,  make,  execute,  acknowledge  and  deliver  to  the 
holder  of  such  certificate  of  purchase  a deed  for  the  premi- 
ses described  in  such  certificate,  which  deed  shall  have 
the  same  force  and  effect,  and  be  conclusive  evidence  of 
the  same  facts,  as  if  the  same  had  been  made  under  the 
eleventh  section  of  said  ordinance  of  June  3,  1859,  and 
said  deed  shall  not  be  annulled  or  held  invalid  in  any 
court,  except  upon  proof  of  one  or  more  of  the  three  facts 


CITY  OF  EVANSVILLE. 


259 


required  to  be  proved  to  annul  or  invalidate  a deed  made 
under  the  said  eleventh  section  of  said  ordinance  ; and  it 
is  hereby  declared  that  all  the  provisions  of  the  said  eighth, 
ninth,  tenth  and  eleventh  sections  of  said  ordinance  of 
June  3,  1859,  shall  be  as  applicable  to  proceedings  under 
this  ordinance,  as  if  the  same  were  re-enacted  as  a part 
of  this  ordinance. 

Sec.  11.  Whenever  a precept  is  issued  under  this  ordi- 
nance, or  under  the  said  ordinance  of  June  3,  1859,  the 
Clerk  shall  charge  the  Collector  with  the  amount  of  such 
precept,  and  the  Collector  shall,  whenever  he  makes  any 
collections  on  any  such  precept,  pay  the  same  over  to  the 
Treasurer  and  take  his  receipt  and  file  it  with  the  Clerk, 
who  shall  give  the  Collector  credit  for  the  amount  of  such 
receipt. 

Sec.  12.  Whenever  an  order  shall  be  passed  directing 
a sidewalk  of  Class  Ko.  1 to  be  made,  and  such  order 
shall  omit  to  staje  whether  the  curbing  is  to  be  of  plank 
or  of  stone,  such  order  shall  not  for  that  reason,  be  invalid, 
but  the  same  shall  be  deemed  and  taken  to  be  an  order 
requiring  plank  curbing  to  be  used. 

Sec.  13.  An  ordinance  passed  September  13,  1859,  enti- 
tled “An  ordinance  in  relation  to  sidewalk  improvements 
and  repairs  and  providing  for  the  assessment  and  collec- 
tion of  the  cost  and  expenses  of  such  improvements  and  re- 
pairs, and  for  the  sale  and  conveyance  of  real  estate 
charged  with  any  portion  of  such  cost  and  expenses,”  and 
an  ordinance  amending  said  ordinance,  passed  December 
27,  1862,  are  hereby  repealed,  but  all  orders  for  sidewalks, 
improvements  or  repairs,  now  in  force  and  not  executed, 
and  all  proceedings  pending  or  improvements  commenced 
under  any  former  ordinance  now  in  force,  shall  be  con- 
ducted and  completed  under  the  provisions  of  such  former 
ordinances,  which  are  for  that  purpose  continued  in  force. 

W.  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


260 


GENERAL  ORDINANCES 


AN  ORDINANCE  to  amend  the  ordinances  passed  December  23d,  1865,  and 

November  15th,  1869. 

[Passed  April  20,  1870.] 

(Published  and  in  force  April  22, 1870.) 

1.  All  sidewalks  divided  in  four  classes. 

2.  Class  No.  1,  how  constructed  ; curbing,  how  dressed,  and  dimensions. 

3.  Class  No.  2,  how  constructed  ; curbing  of  wood ; material  and  dimensions. 

4.  Class  No.  3,  how  constructed. 

5.  Class  No.  4,  how  constructed. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  all  sidewalks  in  the  city  shall  be 
divided  into  four  classes ; the  first  shall  he  designated 
as  Class  No.  1;  the  second  shall  be  designated  as  Class 
No.  2 ; the  third  shall  be  designated  as  Class  No.  8,  and 
the  fourth  one  as  Class  No.  4. 

Sec.  2.  All  sidewalks  of  Class  No.  1 shall  be  con- 
structed of  good,  hard,  well-burned  bricks,  laid  in  a bed 
of  good  sand,  not  less  than  three  inches  in  depth,  and 
covered  with  a sufficient  quantity  of  good  sand  to  fill 
the  spaces  between  the  bricks.  The  curbing  to  be  of 
stone,  not  less  than  six  inches  thick  by  at  least  twenty 
inches  deep,  with  a base  equal  to  three-fourths  of  the 
top,  dressed  square  to  the  depth  of  at  least  six  inches  on 
each  end,  firmly  set,  closely  adjoining  each  other,  with 
even  surface  at  the  top,  and  dressed  four  inches  from 
the  top  on  the  side  next  to  the  gutter,  and  three  inches 
from  the  top  on  the  side  next  to  the  pavement,  and  no 
stone  to  be  less  than  three  feet  in  length. 

Sec.  8.  Ail  sidewalks  of  Class  No.  2 shall  be  construct- 
ed in  the  manner  prescribed  for  Class  No.  1,  except 
that  the  curbing  shall  be  of  good,  sound  white  oak,  not 
less  than  two  and  a half  inches  thick,  nor  less  than 
twelve  inches  wide,  and  shall  be  well  secured  to  good, 
sound  white  oak  posts,  not  less  than  four  inches  square, 
set  two  feet  in  the  ground,  anchored  at  the  bottom  by 
spiking  a piece  of  good,  sound  oak  plank,  one  and  a 


CITY  OF  EVANSVILLE. 


261 


half  inches  thick  by  six  inches  in  width  and  twelve  in- 
ches in  length  ; the  posts  to  be  not  more  than  six  feet 
apart.  All  sidewalks  of  Class  Nos.  1 and  2 shall  have  a 
raise  or  inclination  from  the  curb  of  half  an  inch  to  the 
foot.  The  outside  of  the  curbing  of  all  sidewalks  shall- 
be  placed  from  the  building  lines  of  streets  as  follows : 
On  Main  and  Water  streets,  twelve  feet;  on  Fulton  av- 
enue and  Franklin  street,  fifteen  feet ; on  streets  that 
are  eighty  feet  wide,  twelve  feet;  and  on  all  other 
streets,  ten  feet,  except  streets  less  than  sixty  feet  in 
width,  in  which  cases  the  outside  of  the  curb  shall  be 
only  eight  feet  from  the  building  line. 

Sec.  4*  All  sidewalks  of  Class  No.  3,  shall  be  construct- 
ed as  prescribed  for  Class  No.  2,  except  that  they  shall 
be  of  the  width  of  five  feet  from  the  curb  inwardly. 

Sec.  5.  All  sidewalks  of  Class  No.  4 shall  be  construct- 
ed of  good,  sound  two-inch  oak,  pine,  poplar  or  hem- 
lock plank,  square  edged,  four  feet  in  width,  laid  down 
upon  and  safely  secured  to  good,  sound  oak  cross-ties, 
not  less  than  four  inches  square,  and  to  be  not  more 
than  four  feet  apart,  placed  as  nearly  as  practicable  in 
the  middle  of  the  space  allotted  for  sidewalks. 

WILLIAM  H.  WALKER,  Mayor. 

Attest : William  Helper,  Clerk. 


262 


GENERAL  ORDINANCES 


AN  ORDINANCE  concerning  the  payment  of  the  revenues  of  the  city  into 
the  city  treasury,  and  relative  to  the  duties  of  certain  officers  therein  men- 
tioned. 


[Passed  May  21,  1853.] 


( Published  and  in  force  May  25, 1853. ) 

1.  Revenue  to  he  paid  into  city  treasury  in  same  kind  of  funds  in  which  it 

was  received. 

2.  Receipt  to  be  given,  contents  thereof,  and  when  and  where  to  be  filed. 
Clerk  to  give  quietus  and  charge  the  Treasurer. 

3.  Collector  to  make  and  file  with  Treasurer  monthly  reports  and  make 

monthly  payments. 

4.  Treasurer  to  deposit  city  funds. 

Treasurer  to  account  for  interest  allowed  him  on  such  funds. 

5.  License  money  to  be  paid  directly  into  treasury. 

Receipt  to  be  filed  with  Clerk. 

Receipt  must  state  whether  paid  in  money  or  orders. 

6.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  all  the  revenues  of  the  city,  de- 
rived from  any  source  whatever,  which  may  be  collected 
by  any  officer  of  the  city,  shall  be  paid  by  such  officer  into 
the  city  treasury  in  the  same  kind  of  funds  in  which  the 
collection  was  made,  that  is,  all  sums  collected  in  money 
shall  be  paid  in  money,  and  all  sums  collected  in  city  or- 
ders shall  be  paid  in  city  orders. 

Sec.  2.  Whenever  any  officer  of  the  city  shall  pay  any 
sum  into  the  city  treasury,  the  Treasurer  shall  give  him  a 
receipt,  setting  forth  the  date  of  the  payment,  and  on 
what  account  it  was  collected  and  paid,  and  the  propor- 
tion or  amount  of  money  and  city  orders  received,  and, 
the  officer  obtaining  such  receipt  shall,  within  three  days 
thereafter,  file  said  receipt  with  the  Clerk,  who  shall  give 
the  officer  filing  such  receipt  a written  acknowledgment 
thereof,  and  the  Clerk  shall  thereupon  charge  the  Treas- 
urer with  the  amount  of  such  receipt,  setting  forth  the  pro- 
portions of  cash  and  city  orders  as  stated  in  such  receipt. 

Sec,  3.  It  shall  be  the  duty  of  the  Collector  of  said  city, 
on  the  first  Monday  of  every  month  hereafter,  to  make 
and  file  with  the  Treasurer  of  said  city  a report  in  writing, 


CITY  OF  EVANSVILLE. 


263 


setting  forth  the  amount  of  revenue  received  or  collected 
during  the  preceding  month,  on  what  account  the  same 
was  received,  and  what  proportion  thereof  was  received 
in  money,  and  what  amount  in  city  orders,  and  the  said 
Collector  shall  at  the  same  time  pay  the  amount  thus  re- 
ported to  the  city  Treasurer,  and  take  and  file  his  receipt 
with  the  City  Clerk,  as  required  by  the  second  section  of 
this  ordinance. 

Sec.  4.  Whenever  the  Treasurer  shall  hereafter  receive 
any  money  in  his  official  capacity,  or  belonging  to  the 
city,  amounting  to  fifty  dollars  or  upwards,  he  shall,  un- 
less otherwise  directed  by  the  Common  Council,  deposit 
the  same  with  the  Evansville  Insurance  Company,  pay- 
able on  call,  with  such  interest  as  said  company  may  al- 
low on  such  deposits,  and  the  Treasurer,  upon  his  final 
settlement  with  the  Common  Council,  shall  account  for 
the 'interest  which  may  accrue  and  be  received  by  him  on 
all  such  deposits. 

Sec.  5.  That  all  the  revenue  of  the  city  derived  from 
licenses  of  every  kind  shall  be  paid  directly  into  the  city 
treasury  by  the  persons  applying  for  license,  and  the  re- 
ceipt of  the  Treasurer  shall  be  filed  by  the  person  to  whom 
it  is  given  with  the  City  Clerk,  who  shall  thereupon  issue 
the  proper  license  and  charge  the  Treasurer  with  the 
amount  thereof,  and  the  Treasurer  shall  in  all  receipts  for 
licenses  state  whether  the  amount  was  paid  in  money  or 
orders. 

Sec.  6.  Should  any  officer  of  the  city  violate  any  pro- 
vision of  this  ordinance,  or  fail  to  perform  any  duty  hereby 
required  of  him,  he  shall  for  every  such  violation  or  fail- 
ure forfeit  and  pay  not  less  than  five  nor  more  than  fifty 
dollars. 

JOHN  S.  HOPKINS,  Mayor. 

Attest:  Geo.  H.  Todd,  Clerk, 


264 


GENERAL  ORDINANCES 


0 


AN  ORDINANCE  prescribing  rules  for  the  government  of  the  Common 

Council. 


[Passed  December  26,  1859.] 

(Published  and  in  force  December  29, 1859.) 

1.  Annual  meetings ; stated  meetings. 

Mayor  or  two  members  may  send  for  absent  Councilmen. 

2.  Questions  of  order,  how  decided. 

3.  Mayor  shall  preserve  order. 

When  and  how  member  may  be  called  to  order. 

4.  Member  must  vote  unless  interested  or  excused. 

5.  Motion  must  be  in  writing,  if  required. 

6.  When  motion  may  be  withdrawn. 

7.  When  division  may  be  called. 

8.  Member  to  address  the  Chair. 

9.  Member  shall  not  speak  more  than  twice,  &c. 

10.  Motion  to  adjourn,  when  in  order. 

11.  Division  of  the  question. 

12.  Yeas  and  nays. 

13.  Filling  blanks. 

14.  Committees,  how  appointed. 

15.  Member  may  leave  Council,  how. 

16.  Personalities,  &c.,  prohibited. 

17.  Member  shall  not  vote  when  interested. 

18.  Ordinances,  how  passed. 

19.  Of  privileged  motions.  ~ 

20.  The  previous  question,  how  called. 

. 21.  Order  of  business. 

Fine  for  non-attendance. 

Rules,  how  altered  and  suspended. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
•City  of  Evansville , That  the  annual  meeting  of  the 
Council  shall  be  held  on  the  second  Monday  in  March 
in  every  year,  and  the  stated  meetings  at  such  times  as 
may  from  time  to  time  be  fixed  upon  by  resolution  or 
order  of  Council;  and  the  following  shall  be  the  stand- 
ing rules  of  the  Council,  for  the  preservation  of  order 
and  the  dispatch  of  business : • 

Rule  1.  The  Mayor  shall  take  the  chair  at  the  hour 
appointed  for  the  meeting  of  the  Council,  and  shall 
immediately  call  the  members  to  order,  and  may,  at  the 
request  of  any  two  members  present,  order  the  attend- 
ance of  any  absent  member,  and  in  the  absence  of  the 


CITY  OF  EVANSVILLE. 


265 


Mayor,  «any  two  Councilmen  may  order  the  attendance 
of  absentees. 

Rule  2.  The  Mayor  shall  decide  all  questions  of  order, 
subject  to  an  appeal  to  the  Council. 

Rule  3.  The  Mayor  shall  preserve  order,  and  if  any 
member  transgress  the  rules  of  the  Council,  the  Mayor 
shall,  or  any  member  may,  call  him  to  order,  in  which 
case  the  member  called  to'  order  shall  immediately  sit 
down  and  be  silent,  unless  permitted  to  explain,  and 
tire  Council,  if  appealed  to,  shall  decide  the  matter  ; if 
there  be  no  appeal  to  the  Council,  it  shall  be  decided  by 
the  Mayor;  but  in  either  case  without  debate. 

Rule  4.  Every  member  present  when  a question  is 
put  shall  vote,  unless  interested  or  excused  by  the 
Council. 

Rule  5.  Every  motion  or  proposition  shall,  if  the 
Mayor  or  any  member  require  it,  be  reduced  to  writing. 

Rule  6.  Any  motion  orTesolution  may  be  withdrawn 
by  the  mover,  at  any  time  before  amendment  or  decision. 

Rule  7.  In  all  cases  where  it  is  doubtful  whether  a 
motion  has  prevailed,  the  Mayor  may  direct,  or  any 
member  may  call  for,  a division. 

i 

Rule  8.  When  a member  is  about  to  speak,  he  shall 
rise  and  address  himself  to  the  Mayor,  and  the  Mayor 
shall  announce  the  name  of  the  member  entitled  to  the 
floor. 

Rule  9.  hfo  member  shall  be  allowed  to  speak  more 
than  twice  at  the  same  meeting,  on  any  one  question, 
without  leave  of  Council. 

Rule  10.  A motion  to  adjourn  shall  always  be  in 
order,  except  when  a member  is  addressing  the  Council, 
or  the  Council  is  engaged, in  voting;  and  the  motion  to 
adjourn  shall  be  decided  without  debate. 

Rule  11.  Any  member' may  call  for  a division  of  the 
question  when  the  same  shall  admit  of  it. 

Rule  12.  The  yeas  and  nays  shall  be  taken  and  re- 
corded upon  any  question  before  the  Council,  upon  the 
call  of  any  two  members. . 


34 


266 


GENERAL  ORDINANCES 


Rule  13.  In  filling  blanks,  the  question  on  the  largest 
sum  and  most  distant  date  shall  be  put  first. 

Rule  14.  All  committees  shall  be  appointed  by  the 
Mayor,  unless  otherwise  directed  by  the  Council  at  the 
time. 

Rule  15.  No  member  shall  leave  the  Council  while  it  is 
in  session,  without  the  consent  of  the  Mayor. 

Rule  16.  No  personalities,  or  reflections  injurious  to  the  ‘ 
feelings  of  any  member  of  the  Council,  shall  be  indulged  in. 

Rule  17.  No  member  of  the  Council  shall  vote  when 
personally  interested  in  the  question  before  the  Council. 

Rule  18.  Every  ordinance  shall  receive  at  least  two 
several  readings,  and  no  ordinance  shall  be  finally  passed 
at  the  same  session  of  Council  at  which  it  was  first  read, 
unless  the  Council  shall  by  a vote  of  two-thirds  of  the 
members  present  suspend  this  rule  for  that  special  purpose. 

Rule  19.  No  business  regularly  before  the  Council  shall 
be  interrupted  except  by  a motion 

For  adjournment ; 

For  the  previous  question  (namely,  “Shall  the  main 
question  be  now  put  ? ”) ; 

For  postponement ; 

For  commitment ; or  . 

For  amendment. 

Rule  20.  The  previous  question  shall  not  be  moved  by 
less  than  three  members,  and  shall  be  determined  without 
debate;  but  when  the  previous  question  has  been  called 
and  sustained,  it  shall  not  cut  off  any  pending  amend- 
ments, but  the  vote  shall  be  taken  without  debate  on  the 
amendments  in  their  order,  and  then  on  the  main  question. 

Rule  21.  The  following  shall  be  the  established  order 
of  business,  at  the  regular  meetings  of  the  Council,  viz  : 

I.  Reading  and  amendment  of  the  minutes  of  the 
preceding  meeting. 

II.  Unfinished  business. 

III.  Presentation  and  allowance  of  accounts. 

IV.  Presentation  of  petitions  and  remonstrances. 


CITY  OF  EVANSVILLE. 


267 


V.  First  reading  of  ordinances. 

VI.  Second  reading  and  action  on  ordinances. 

VII.  Resolutions. 

VIII.  Appointment  of  committees. 

IX.  Reports  of  committees. 

X.  Miscellaneous  business. 

Sec.  3.  If  the  Mayor  or  any  Councilman  shall  absent 
himself  from  any  regular  or  called  meeting  of  the  Council 
without  being  able  to  render  a satisfactory  excuse  to  the 
Council,  such  Mayor  or  Councilman  shall  forfeit  and  pay 
any  sum  not  exceeding  five  dollars. 

Sec.  3.  None  of  the  foregoing  rules  shall  be  altered  or 
suspended  except  by  a vote  of  two-thirds  of  the  members 
present  at  any  meeting  of  the  Council. 

Sec.  4.  All  ordinances  or  parts  of  ordinances  in  relation 
to  rules  for  the  government  of  the  Common  Council  here- 
tofore passed  and  now  in  force  are  hereby  repealed. 

W.  BAKER,  Mayor, 

Attest : P,.  Burke,  Clerk. 


AN  ORDINANCE  concerning  City  Scales,  and  defining  the  duties  of  Weigh - 
. masters. 

[Passed  February  18,  I860.] 

(Published  and  in  force  February  23, 186()t) 


1.  Weigh -master,  his  election,  bond  and  oath. 

2.  Duties  of  Weigh-master. 

3.  To  make  monthly  payments. 

4.  Hay  must  not  be  purchased  or  sold  without  being  weighed. 

5.  Weigh-master  may  be  removed. 

6.  Penalty. 


Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  annually  hereafter,  at  the  first 
meeting  of  the  Council  after  the  first  Monday  in  April, 
or  as  soon  thereafter  as  practicable,  the  Common  Coun- 
cil shall  elect  one  person  as  Weigh-master  for  each  of 


2G8 


GENERAL  ORDINANCES 


the  public  scales  of  the  city;  and  the  persons  so  elected 
shall,  before  they  enter  upon  the  discharge  of  their  du- 
ties, severally  give  bond  to  said  city,  in  such  sum  as  may 
be  fixed  by  the  Council,  and  with  such- security  as  the 
Council  may  approve,  and  they  shall  also  severally  take 

and  subscribe  an  oath  of  office,  which  shall  be  indorsed 

' • 

on  or  annexed  to,  said  bond. 

•Sec.'  2.  Each  of  the  public  scales  of  the  city  shall  be 
in  charge  of  the  person  elected  as  Weigh-master  for 
such  scales,  and  said  Weigh-master  shall  keep  the  same 
in  good  order  and  repair.  He  shall  weigh  all  hay,  straw, 
and  fodder,  or  produce  or  other  property,  which  may  be 
brought  to  the  scales  for  that  purpose,  and  when  the 
same  is  in  or  upon  any  wagon  or  other  vehicle,  he  shall 
take  down  the  gross  weight  of  said  vehicle  and  contents 
and  when  such  vehicle  shall  have  been  unloaded  of  its 
contents  and  returned  to  said  scales,  said  Weigh -master 
shall  weigh  the  same,  and  deduct  the  weight  thereof 
from  the  w.hole  weight  of  such  vehicle  and  contents, 
and  shall  give  the  person  procuring  the  same  to  be 
weighed  a certificate  thereof,  upon  the  payment  by  such 
person  of  twenty-five  cents  for  each  load  or  part  of  a 
load  weighed. 

Sec.  3.  Every  Weigh-master  of  the  city  of  Evansville 
shall  pay  over  to  the  city  Treasurer,  on  or  before  the 
first  Monday  in  every  month,  all  the  money  belonging 
to  the  city  which  may  have  come  into  his  hands  during 
the  preceding  month,  and  he  shall  immediately  file  with 
the  Clerk  the  Treasurer’s  receipt  for  the  same. 

Sec.  4.  It  shall  not  be  lawful  for  auy  person  or  per- 
sons to  buy  or  sell  within  the  limits  of  the  city,  or  to 
deliver  or  receive  any  hay,  except  pressed  or  baled  hay, 
without  having  the  same  weighed  on  some  one  of  the 
public  scales  of  the  city. 

Sec.  5.  The  Common  Council  may  at  any  time,  at 
their  discretion,  remove  any  Weigh-master,  and  appoint 
another  in  his  stead. 


CITY  OF  EVANSVILLE. 


269 


' \ • 

Sec.  6.  Any  person  or  persons  who  shall  neglect  any 
of  the  duties  prescribed  by,  or  violate  any  of  the  pro- 
visions of  this  ordinance,  shall,  for  every  such  neglect 
or  violation,  forfeit  not  less  than  one  dollar  nor  more 
than  twenty  dollars. 

, W.  BAKER,  Mayor, 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  concerning  fees  and  saleries, 

[Passed  May  31,  1847.] 

(Published  and  in  force  June  3,  1847.) 

Section  1.  Repealed. 

Section  2.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  the  City  Clerk  shall  be  allowed 
the  following  fees,  in  addition  to  his  per  annum  salary : 

For  issuing  each  license  required  by  any  ordinance  of 
the  city,  fifty  cents. 

For  each  deed  made  under  any  ordinance  of  the  city 
or  provision  of  the  city  charter,  one  dollar. 

For  every  certificate  under  the  seal  of  the  city  (ex- 
cept when  called  for  by  the  Council),  fifty  cents. 

For  every  transcript  of  any  ordinance,  by-law,  order, 
rule,  or  proceeding  of  the  Council,  and  for  every  precept, 
for  every  one  hundred  words,  twelve  and  a half  cents. 

For  entering  any  transfer  of  any  tax  certificate  or 
dray,  twenty  cents ; and  in  all  other  cases  when  the 
City  Clerk  shall  render  services  for  any  individual,  he 
shall  be  allowed  the  same  fee  that  is  allowed  to  the 
Clerk  of  the  Circuit  Court  for  similar  services. 

Sec.  3 and  4 repealed. 

L.  L.  LAYCOCK,  President  'pro  tern . 

Attest:  John  J.  Chandler,  Clerk. 


270 


GENERAL  ORDINANCES 


AN  ORDINANCE  concerning  the  duties  and  salaries  of  the  Mayor,  Record- 
er, Collector,  Marshal,  Wharf-master,  Market-master,  Treasurer,  Clerk 

and  appointees  of  the  city  ot  Evansville. 

[Passed  May  31, 1869.] 

1.  Duty  of  officers  to  pay  money  over  to  the  Treasurer  weekly,  and  file 

receipt  with  the  Clerk. 

2.  The  Treasurer  shall  file  statement  with  the  Clerk  monthly. 

3.  The  Clerk  shall  make  a statement  to  the  Council  quarterly. 

4.  The  Clerk  shall  report  the  accounts  of  officers,  for  allowance,  monthly. 

5.  Office  hours  of  the  Mayor. 

6.  Salaries  of  Mayor,  Clerk,  &c. 

7.  Number  of  firemen  and  their  pay. 

8.  Number  of  police  and  their  pay ; other  officers  and  their  pay. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  Mayor,  Recorder,  Collector, 
Marshal,  Wharf-masters,  Market-masters  and  Weigh- 
masters,  shall  each  and  every  one  of  them  pay  over 
weekly  to  the  City  Treasurer,. all  moneys  and  city  or- 
ders received  during  the  week  on  account  of  the  city, 
and  take  the  Treasurer’s  receipt  therefor,  which  receipt 
shall  be  immediately  filed  with  the  City  Clerk. 

Sec.  2.  The  Treasurer  shall,  on  the  last  secular  day  of 
every  month,  make  out  and  file  with  the  City  Clerk,  for 
the  use  and  inspection  of  the  Common  Council,  a full 
and  complete  report,  showing  the  amount  in  money 
and  the  amount  in  city  orders  received  during  the 
month  ; on  what  account  and  from  whom  received  ; the 
amount  of  disbursements  made  during  the  month;  on 
■what  account  and  to  whom  the  disbursements  have  been 
made;  and  also  the  amount  in  money  and  amount  of 
city  orders  remaining  in  the  treasury. 

Sec.  3.  The  City  Clerk  shall,  on  the  first  Monday  in 
June,  September,  December  and  March  of  every  year, 
make  out  and  submit  to  the  Common  Council  a full  and 
complete  statement  of  the  financial  condition  of  the 

citv. 

•/ 

Sec.  4.  The  City  Clerk  shall,  on  the  first  Monday  in 
every  month,  make  out  and  report  to  the  Council,  for 
allowance,  the  accounts  of  the  officers  of  the  city  and 
the  appointees  of  the  Council,  for  the  preceding  month. 


CITY  OP  EVANSVILLE. 


271 


Sec.  5.  The  Mayor  shall  attend  at  his  office  from  9 
o’clock  a.  m.  to  12  m.,  and  from  2 o’clock  p.  m.  to  4 p.  m, 
of  every  secular  day,  unless  absent  therefrom  in  the 
discharge  of  official  duties  or  by  reason  of  sickness. 

Sec.  6.  That  there  shall  be  allowed  to  the  several  offi- 
cers of  the  city,  and  appointees  of  the  Common  Council 
of  the  city,  hereinafter  mentioned,  the  following  annual 
salaries,  to  be  paid  monthly  : 


To  the  Mayor,  per  year $2,000  00 

“ Clerk,  per  year 1,500  00 

“ Deputy  Clerk,  per  year 500  00 

“ Marshal,  per  year 1,000  00 

“ Treasurer,  per  year 1,000  00 

**  To  the  Chief  of  Police,  per  day 2 50 

“ Chief  of  the  Fire  Departmet,  per  year 500  00 

“ Engineer  of  Engine  No.  1,  per  year 1,200  00 

“ Engineer  of  Engine  No.  2,  “ 1,200  00 

“ Engineer  of  Engine  No.  3,  “ 1,200  00 


Sec.  7.  There  shall  be  twenty-one  Firemen,  each  of 
whom  shall  receive  one  hundred  and  fifty  dollars  per 
annum,  to  be  paid  in  quarter  yearly  installments  of 
thirty-seven  and  one-half  dollars,  at  the  expiration  of 
each  quarter : and  at  least  one  of  the  Firemen  shall  be 
constantly  in  attendance  on  each  engine. 

Sec.  8.  There  shall  be  fourteen  regular  night  and  day 
police,  each  of  whom  shall  receive  $2.00  per  day,  to 
be  paid  in  monthly  installments  at  the  expiration 
of  each  month.  One  Street  Superintendent,  who  shall 
receive  $3.00  per  day.  One  Wharf-master  ( night ) $60 
per  month.  One  Wharf-master  ( day  ) $50  per  month. 

Upper  Weigh-master,  $300  per  annum. 

Upper  Market-master,  $300  per  annum. 

Lower  Market  and  Weigh-master,  $300  per  annum. 

For  hauling  Engine  No.  1,  and  Hose  Reel,  $75  per 
month. 

For  hauling  Engine  No.  2 and  Hose  Reel,  $50  per 
month. 

For  hauling  Engine  No.  3 and  Hose  Reel,  $75  per 
month. 


272 


GENERAL  ORDINANCES 


The  salary  of  the  Lamp-lighter  shall  be  fixed  at  $65 
per  month. 

The  salary  of  the  city  Surveyor  shall  be  fixed  at  $5 
per  day,  and  $2  per  day  for  assistants,  the  amount  to  be 
allowed  each  when  actually  employed. 

Wm.  H.  WALKER, ‘Mayor. 

Attest . A.  M.  McGrief,  Clerk. 


AN  ORDINANCE  concerning  Shows,  Exhibitions,  &c. 

[Passed  April  30,  1859.] 

(Published  and  in  force  May  17,  1859.) 

1.  Exhibitions  not  allowed  without  license. 

2.  Price  of  license.  * / 

3.  How  procured.  ' . ■ 

4.  Sunday  performances  prohibited.  . . 

5.  Penalty  for  exhibiting  without  license.  . 

6.  Penalty  for  Sunday  exhibitions.  * 

7.  Repeal,  - , t 

Section  1.  Be  it-  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  be  unlawful  for  any  car- 
avan, animal,  menagerie,  or  other  collection  of  animals, 
or  show  of  any  figures  or  other  work  of  art,  any  circus^ 
theater,  museum  or  other  .show,  exhibition  or  amusement 
to  be  shown,  exhibited  or  performed  within  the  limits  of 
the  city,  or  in  or  upon  any  wharf-boat,  flat-boat,  store- 
boat,  steamboat  or  other  water  craft  lying  in  the  canal 
withjn  the  city,  or  on  the  Ohio  River  in  front  of  the  city, 
or  between  the  cijy  aiid  the  middle  of  the  river,  until  a 
license  so  to  do  has  first  been  obtained  according  to  the 

f 

provisions  of  this  ordinance. 

Sec.  2.  That  the  price' of  such  license  shall  be  as.follows, 
viz:  For  any  circus,  caravan  or  menagerie,  not  less  than 
fifty  dollars  nor  more  than  one  hundred  dollars,  for  each 
day  such  circus,  caravan  or  menagerie  is  shown  or  per- 
formed, at  the  discretion  of  the  Mayor,  and  in  his  absence 
the  Treasurer,  and  in  the  absence  of  both  Mayor  and 


CITY  OF  EVANSVILLE. 


273 


Treasurer,  then  in  the  discretion  of  any  two  of  the  Coun- 
cilmen,  and  for  any  animal,  or  show  of  any  figures  or 
other  work  of  art,  any  theater,  museum,  or  other  show, 
exhibition  or  amusement,  not  less  than  three  dollars  nor 
more  than  twenty  dollars  for  each  day  such  animal,  or 
show  of  any  figures  or  other  work  of  art,  theater,  museum, 
or  other  show,  exhibition  or  amusement  is  shown  or  per- 
formed, at  the  discretion  of  the  Mayor,  and  in  his  absence, 
of  the  Treasurer,  and  in  the  absence  of  both  Mayor  and 
Treasurer,  thten  of  any  two  of  the  Councilmen, 

►Sec.  3.  Any  person  who  may  wish  to  obtain  a license 
under  this  ordinance  shall  pay  the  price  thereof  to  the 
city  Treasurer,  and  take'  his  receipt  therefor,  which  he 
shall  deposit  with  the  Clerk,  who  shall  thereupon  make 
out  and  attest  such  license,  which,  after  being  signed  by 
the  Mayor,  Treasurer  or  Councilmen  fixing  the  rate  of 
such  license,  shall  be  delivered  to  the  applicant. 

Sec.  4.  It*shall  be  unlawful  for  any  caravan,  animal, 
men.agerie,  or  other  collection  of  animals, .or  show  of  anj^ 
figures  or  other  work  of  art,  any  circus,  theater,  museum 
or  other  show,  exhibition  or  amusement  to  be  shown,  ex- 
hibited or  performed  within  the  limits  of  the  city,  or  in  or 
upon  atiy  wharf-boat,  flat-boat,  store-boat,  steamboat  or 
other  water  craft,  lying’ in  the  canal  within  the  city,  or 
in  the  Ohio  river  ki  front  of  the  city,  and  between  the 
city  and  the  middle  of  the  river,  on  the  first  day  of  the 
week. commonly  called  Sunday. 

Sec.  5.  Should  any  person  or  persons  exhibit  or  .per- 
form, or  aid  or  assist,  or  in  any  way  or  manner  partici- 
pate  in  the  show,  exhibition,  or  performance  of  any  cara- 
van, animal  menagerie  or  other  collection  of  animals,  or 
show  of  any  figures  or  other  work*of  art,  any  circus,  thea- 
ter, museum,  or  other  show,  performance  or  exhibition  for 
which  a license  is  required  by  any  of  the  provisions  of 
this  ordinance,  without . having  previously  procured  a li- 
cense so  to  do,  such  person  or  persons  shall  for  each  and 
every  such  offense  forfeit  and  pay  not  less  than  six  dollars 
nor  more  than  forty  dollars,  except  in  the  case  of  any  cir~ 

35 


274 


GENERAL  ORDINANCES 


cus  or  menagerie,  in  which  case  the  fine  shall  be  not  less 
than  one  hundred  dollars  nor  more  than  two  hundred  dol- 
lars. 

Sec.  6.  Any  person  or  persons  violating  the  provisions 
of  the  fourth  section  of  this  ordinance,  or  aiding  or  assist- 
ing, or  in  any  way  or  manner  participating  in  such  viola- 
tion, shall  forfeit  and  pay  not  less  than  ten  dollars  nor 
more  than  two  hundred  dollars. 

Sec.  7.  An  ordinance  entitled  “An  ordinance  concern- 
ing shows,  exhibitions,  &c.,”  passed  April  24,  1847  ; and  an 
ordinance  entitled  “ An  ordinance  amending  an  ordinance 
concerning  shows,  exhibitions,  &c.,”  passed  July  15,  1848  : 
and  the  second  section  of  an  ordinance  entitled  ‘ 6 An  or- 
dinance concerning  wharf-boats  and  other  water-crafts/’ 
passed  April  24,  1847,  be  and  the  same  are  hereby  re- 
pealed. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


A SUPPLEMENT  to  an  ordinance  passed  August  30,  1850,  entitled  “An  Or- 
dinance concerning  shows,  exhibitions,  &c.” 

[Passed  March  19, 1866.] 

(Published  and  in  force  March  21,  1866.) 

1.  Theater  or  museum  license. 

2.  Repeal. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  the  price  to  be  charged 
for  a license  for  a theatre  or  museum  shall  be  as  fol- 
lows, viz  : For  three  months,  the  sum  of  fifty  dollars ; for 
six  months,  the  sum  of  seventy-five  dollars ; and  for 
one  year,  the  sum  of  one  hundred  dollars — in  all  cases 
payable  in  advance;  and  for  any  length  of  time  less 
than  three  months,  the  price  of  such  license  shall  re- 
main as  fixed  and  provided  by  the  ordinance  to  which 
this  is  a supplement. 


. / 

CITY  OF  EVANSVILLE.  275 

Sec.  2.  That  an  ordinance  passed  December  26,  1864, 
entitled  “A  Supplement  to  an  ordinance  passed  August 
80,  1859,  entitled  ‘An  Ordinance  concerning  shows,  ex- 
hibitions, &c.,’”  be,  and  the  same  is  hereby  repealed. 

W.  BAKER,  Mayor. 
Attest : A,  M.  McGriff,  Clerk. 


AN  ORDINANCE  concerning  signs,  awnings,  and  cellar-doors. 

[Passed  May  15,  1847.] 

(Published  and  in  force  May  25, 1847.) 

1.  Signs  must  not  project  over  sidewalk  ; penalty. 

2.  Certain  signs  must  be  taken  down ; penalty. 

3.  Awnings,  &c. , prohibited. 

Certain  awnings  must  be  removed. 

4.  Awning-posts,  <fcc.,  how  constructed. 

5.  Cellar-doors  on  sidewalks,  how  to  be  constructed. 

Cellar-doors  otherwise  constructed  to  be  changed ; penalty. 

6.  Cellar-doors  to  be  kept  in  good  order. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  be  unlawful  for  any  per- 
son or  persons  to  put  up  any  sign  so  that  it  will  project 
from  the  building,  post,  or  other  thing  to  which  it  may 
be  attached  over  any  sidewalk  or  part  of  any  sidewalk 
within  the  city:  Provided , That  this  section  shall  not 
apply,  during  daylight,  to  the  three  feet  of  the  sidewalk 
next  to  any  building ; and  every  person  violating  the  pro- 
visions of  this  section  shall  for  every  offense  forfeit  and 
pay  five  dollars,  and  for  each  day  such  sign  shall  remain 
up  contrary  to  this  ordinance,  one  dollar. 

Sec.  2.  Every  sign  which  is  now  up,  and  projecting 
over  any  sidewalk  or  part  of  any  sidewalk,  shall  be 
taken  down  within  forty-eight  hours  after  a written  no- 
tice to  the  owner  or  occupant,  from  the  Marshal,  so  to 
do;  and  should  any  sucb  person  or  persons  fail,  neglect, 
or  refuse  to  take  down  any  such  sign  within  the  time 


276 


GENERAL  ORDINANCES 


limited,  after  such  notice,  such  person  or  persons  so  fail- 
ing, neglecting,  or  refusing  shall,  for  each  day  he,  she, 
or  they  shall  so  fail,  neglect  or  refuse,  pay  one  dollar. 

Sec.  3.  Hereafter  no  wooden  awning  or  shed  shall  be 
put  up  over  any  sidewalk  or  part  of  any  sidewalk  with- 
in the  city,  nor  shall  any  such  awning  or  shed  now  up 
and  projecting  over  any  sidewalk  or  part  of  any  side- 
walk  be  suffered  to  remain  ; and  it  shall  be  the  duty  of 
the  Marshal  to  notify,  in  writing,  the  occupier  or  occu- 
piers of  the  premises  in  front  of  or  beside  which  there  is 
any  such  wooden  awning  or  shed,  to  remove  the  same 
within  fourteen  days  ; and  should  any  person  or  persons 
so  put  up  any  such  awning  or  shed,  or  fail,  neglect,  or 
refuse  to  remove  any  such  awning  or  shed  now  up,  after 
notice  to  remove  the  same,  given  as  aforesaid,  and  within 
the  time  hereinbefore  limited,  such  person  or  persons 
shall  forfeit  and  pay  not  less  than  one  nor  more  than  ten 
dollars  ; and  for  each  day  such  shed  or  awning  is  suf- 
fered to  remain  after  the  same  is  so  put  up,  or  after 
notice  given  as  aforesaid  to  remove  such  shed  or  awning 
now  up,  one  dollar. 

Sec.  4.  The  awning  posts  and  rail  of  all  cloth  awn- 
ings, as  well  those  now  up  as  those  hereafter  to  he  put 
up,  shall  be  at  the  outer  edge  of  the  sidewalk,  at  least 
seven  feet  above  the  level  of  the  sidewalk ; and  if  any 
person  or  persons  shall  put  up  any  such  awning,  or 
suffer  any  awning  to  remain  which  is  now  up,  contrary 
to  the  provisions  of  this  ordinance,  he  or  they  shall  for- 
feit and  pay  five  dollars,  and  for  each  day  such  awning  is 
suffered  to  remain  up  contrary  to  this  ordinance,  one 
dollar. 

Sec.  5.  It  shall  not  be  lawful  for  the  owner  or  owners, 
occupier  or  occupiers  of  any  lot  or  part  of  any  lot  in  the 
city,  to  construct  or  suffer  to  be  constructed,  any  cellar- 
door  or  doors  in  or  upon  any  sidewalk  in  front  of  or 
adjoining  any  such  lot  or  part  of  lot,  unless  the  frame 
of  such  cellar-door  or  doors  shall  be  level  with  the  sur- 
face of  such  sidewalk ; and  it  shah  be  the  duty  of  the 


CITY  OF  EVANSVILLE. 


277 


owner  or  owners,  occupier  or  occupiers  of  any  such  lot 
or  part  of  lot  to  cause  the  frame  of  any  cellar-door  or 
doors  which  have  already  been  constructed  or  put  up, 
and  which  is  more  than  two  inches  above  the  level  of 
the  sidewalk  in  front  of  or  adjoining  such  lot  or  part  of 
lot,  to  be  made  level  with  the  surface  of  such  sidewalk 
within  twenty  days  after  notice  in  waiting  from  the 
Marshal  so  to  do ; and  if  the  same  is  not  done  within 
the  time  herein  limited,  and  after  such  notice,  the  per- 
son or  persons  failing,  neglecting,  or  refusing  to  have 
the  same  done  according  to  the  requirements  of  this  sec- 
tion, shall  forfeit  and  pay  one  . dollar  for  each  day  the 
same  remains  undone.  And  should  any  person  or  per- 
sons construct  any  cellar-door  or  doors  contrary  to  the 
provisions  of  this  ordinance,  such  person  or  persons 
shall  forfeit  and  pay  six  dollars,  and  for  each  day  the 
same  is  suffered  to  remain,  one  dollar. 

Sec.  6.  Every  cellar-door  now  constructed  or  here- 
after to  be  constructed  upon  any  sidewalk  shall  be  kept 
in  good  order  and  repair,  and  sufficiently  strong  to  bear 
any  burden  likely  to  be  placed  thereon,  and  such  cellar- 
door  or  doors  shall  be  closed  and  kept  closed  after 
nightfall. 

JAMES  G.  JOKES,  Mayor. 

Attest : John  J.  Chandler,  Clerk. 


278 


GENERAL  ORDINANCES 


AN  ORDINANCE  amendatory  of  an  ordinance  entitled  “ An  ordinance  con- 
cerning signs,  awnings  and  cellar-doors,”  passed  May  15, 1847. 

[Passed  December  29,  1849. ] 

( Published  and  in  force  January  5,  1850. ) 

1.  Cellar-doors  on  sidewalk  prohibited. 

2.  Certain  cellar-doors  must  be  kept  closed  at  night. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  not  be  lawful  hereafter 
for  the  owner  or  owners,  occupier  or  occupiers  of  any 
lot  or  part  of  lot  in  the  city  to  construct  or  suffer  to  be 
constructed  any  cellar-door  or  doors  in  or  upon  any 
sidewalk,  in  front  of  or  adjoining  any  such  lot  or  part 
of  lot,  and  any  person  or  persons  who  shall  violate  this 
section  shall  forfeit  and  pay  six  dollars  therefor,  and 
one  dollar  in  addition  for  every  day  he,  she  or  they 
shall  suffer  any  such  cellar-door  to  remain,  after  notice, 
as  provided  in  the  fifth  section  of  the  ordinance  of 
which  this  is  an  amendment. 

Sec.  2.  That  any  person  or  persons  who  shall  permit 
any  cellar-door  situated  in  the  sidewalk  in  front  of  or 
adjoining  any  lot  or  part  of  lot  in  the  city,  occupied  by 
such  person  or  persons,  to  remain  or  be  open  after  night- 
fall, shall  forfeit  and  pay  for  every  such  offense  the  sum 
of  five  dollars. 

JAMES  G.  JONES,  Mayor. 

Attest ; John  J.  Chandler,  Clerk. 


CITY  OF  EVANSVILLE. 


279 


AN  ORDINANCE  relating  to  markets  and  market-houses,  defining  the  duties 
of  Market-master,  and  repealing  certain  ordinances. 

r i % 

[Passed  December  26,  1859.] 

(Published  and  in  force  December  29,  1859.) 

1.  Market-places  of  the  city. 

2.  Market-houses— no  sales  to  be  made  previous  to  the  opening  of  the 

market. 

Forestalling  and  regrating  prohibited. 

No  article  remaining  in  market  to  be  deemed  sold. 

3.  Market-masters  to  be  elected. 

4.  Duty  of  Market-masters. 

5.  Market-masters  to  sell  stalls,  and  pay  money  into  treasury. 

6.  Certain  articles  to  be  of  specified  weight ; penalty. 

7.  Market-master  to  examine  certain  articles. 

8.  Penalty  for  imposition  in  weight  or  measure. 

9.  Sale  of  unsound  or  spoiled  provisions  prohibited. 

10.  Butchers  to  keep  stalls  supplied  with  meats ; penalty. 

11.  Stalls,  &c.,  to  be  kept  clean. 

12.  Horses  and  vehicles  to  be  placed  as  directed  by  Market-master. 

13.  Market-master  may  be  removed. 

14.  Dogs  not  permitted  in  market. 

15.  Penalty. 

16.  Repeal, 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  Fourth  street,  between  Locust 
street  and  Oak  street,  and  the  market-house,  market- 
stands,  and  other  improvements  thereon  erected,  or  which 
may  be  hereafter  thereon  erected,  shall  be  known  as  the 
“Upper  Market;”  and  Market  street,  between  Ingle 
street  and  Bond  street,  and  the  market-house  and  other 
improvements  now  or  hereafter  to  be  thereon  erected, 
shall  be  known  as  the  “ Central  Market;”  and  that  said 
markets  shall  be  hereafter  used  as  the  market-places  of 
the  city  of  Evansville,  for  the  sale  and  pur  chase  of  provi- 
sions, vegetables,  and  other  articles  necessary  for  the  sub- 
sistence, comfort,  and  convenience  of  the  inhabitants  of 
said  city,  subject  to  the  following  and  such  other  rules  and 
regulations  as  may  hereafter  be  adopted  by  the  Common 
Council. 

Sec.  2.  Said  markets  shall  be  opened  and  kept  open  du- 
ring such  days  or  parts  of  days  in  every  week  as  the 


280 


GENERAL  ORDINANCES 


Common  Council  may  from  time  to  time  fix  upon  and  di- 
rect ; and  it  shall  not  be  lawful  for  any  person  or  persons 
to  purchase  or  sell,  or  to  make  any  contract  or  agreement 
for  the  purchase  or  sale  of  any  meat,  vegetables,  or  other 
provisions  or  marketing,  at  either  of  said  markets,  pre- 
vious to  the  opening  of  the  same  by  the  Market-master ; 
nor  shall  it  be  lawful  for  any  person  or  persons  to  pur- 
chase any  article  or  articles  at  either  of  said  markets, 
during  market  hours,  for  exportation  or  re-selling,  nor 
shall  any  person  or  persons  sell  or  offer  for  sale  at  either 
of  said  markets  any  article  or  articles  which  such  person 
or  persons  may  have  purchased  or  forestalled,  at  any  place, 
while  on  the  way  to,  or  designed  or  intended  for,  either  of 
said  markets;  and  no  article  or  articles  brought  to  either 
of  said  markets  shall  be  deemed  or  considered  as  sold  un- 
til the  same  shall  have  been  delivered  to  the  purchaser ; 
and  it  shall  be  the  duty  of  all  persons  attending  either  of 
said  markets  with  provisions  or  articles  of  marketing  for 
sale  to  sell  and  deliver  to  any  person  or  persons  desiring 
the  same  a reasonable  quantity  of  any  such  provisions  or 
marketing  brought  by  them  to  either  of  said  markets,  and 
not  previously  sold  and  actually  delivered  to  the  purchaser 
thereof. 

Sec.  3.  It  shall  be  the  duty  of  the  Common  Council 
annually,  at  the  first  meeting  of  the  Council  after  the 
first  Monday  in  April,  or  as  soon  thereafter  as  practica- 
ble, to  elect  a Market-master  for  each  of  said  markets, 
who  shall  hold  their  offices  respectively  until  the  first 
Monday  in  April  next  ensuing,  and  until  their  succes- 
sors are  elected  and  qualified. 

Sec.  4.  It  shall  be  the  duty  of  said  Market-masters  to 
superintend  their  respective  markets,  and  to  keep  them 
thoroughly  cleansed  and  in  good  order,  and  to  report  to 
the  Council  such  repairs,  improvements  and  alterations 
in  or  about  such  markets  as  they  may  deem  necessary  * 
they  shall,  at  the  hour  fixed  upon  by  the  Council'  for 
opening  the  said  markets  on  market  days,  open  the 
same,  and  be  in  constant  attendance  and  preserve  good 


CITY  OF  EVANSVILLE. 


281 


order  during  market  hours ; they  shall  see  that  no  ini' 
position  is  practiced  by  the  seller  upon  the  buyer,  or  the 
buyer  upon  the  seller,  and  they  shall  have  power  at  all 
times  to  order  suspicious  persons,  and  idle  or  disorderly 
boys,  to  leave  said  markets. 

Sec.  5.  It  shall  be  the  duty  of  said  Market-masters 
respectively,  at  such  times  as  the  Common  Council  may 
appoint,  to  expose  to  sale  the  stalls  and  stands  in  said 
markets  and  market-houses,  for  such  length  of  time, 
and  on  such  terms  and  conditions  as  the  Council  may 
prescribe ; and  the  money  arising  from  such  sales,  and 
all  other  funds  belonging  to  the  city  which  may  be  re- 
ceived by  said  Market-masters,  shall  be  paid  over  to  the 
city  Treasurer,  and  his  receipt  therefor  deposited  with 
the  Clerk. 

Sec.  6.  It  shall  not  be  lawful  for  any  person  to  sell, 
or  offer  or  expose  for  sale,  at  either  of  said  markets,  any 
butter  in  lumps  or  rolls,  unless  each  of  said  lumps  or 
rolls  be  of  some  specified  weight,  and  if  any  person  shall 
sell  or  offer  or  exhibit  as  for  sale,  any  such  lumps  or 
rolls  at  either  of  said  markets,  and  on  examination  the 
same  shall  fall  short  of  such  specified  wreight,  such  lumps 
or  rolls  shall  be  forfeited  to  the  city. 

Sec.  7.  It  shall  be  the  duty  of  said  Market-masters 
respectively,  whenever  they  may  suspect  or  be  informed 
that  any  butter  or  other  article  of  provisions  or  mar- 
keting, offered  or  exhibited  for  sale  at  either  of  said 
markets,  and  purporting  to  be  of  a specified  weight  or 
quantity,  is  deficient  in  weight  or  measure,  to  try  the 
same,  and  if  upon  such  trial  it  should  prove  to  be  de- 
ficient in  weight  or  measure,  they  shall  seize  the  same 
for  the  benefit  of  the  city,  and  sell  it  forthwith  at  public 
outcry  at  said  market  to  the  highest  bidder. 

Sec.  8.  If  any  person  or  persons  shall  sell  any  meat, 
or  any  other  article  or  articles  by  weight  or  measure, 
at  either  of  said  markets,  and  such  meat  or  other  arti- 
cles shall  not  be  fully  of  the  weight  or  quantity  sold  and 

36 


282 


GENERAL  ORDINANCES 


paid  for,  such  person  or  persons  shall  forfeit  and  pay 
for  every  such  offense  the  penalty  prescribed  by  the  fif- 
teenth section  of  this  ordinance. 

Sec.  9.  It  shall  not  be  lawful  for  any  person  to  sell  or 
offer  to  sell,  or  to  expose  or  exhibit  as  for  sale  at  either 
of  said  markets  or  elsewhere  in  the  city,  any  unwhole- 
some, damaged  or  spoiled  meat,  vegetables  or  other  pro" 
visions  of  any  description  or  kind  whatever. 

Sec.  10.  If  any  person  or  persons  shall  rent  or  lease 
any  butcher  stall  or  stalls  in  either  of  said  markets,  and 
shall  fail  or  neglect  to  supply  such  stall  or  stalls  with 
good  fresh  meats,  on  the  regular  market  days,  and  du- 
ring the  regular  market  hours,  for  two  weeks  in  succes- 
sion, such  stall  or  stalls  shall  revert  to  the  city,  and  may 
be  disposed  of  to  other  persons  : Provided , That  if  any 
reasonable  excuse  can  be  given  for  such  neglect  or  fail- 
ure, the  Council  may  continue  such  person  in  the  pos- 
session of  such  stall  or  stalls  : And  provided , That  after 
such  failure  or  neglect,  at  least  one  week  shall  be  allow- 
ed such  person  to  render  such  excuse. 

Sec.  11.  It  shall  be  the  duty  of  every  butcher  or  oth- 
er person  selling  meat  at  either  of  said  markets,  to 
scrape  and  cleanse  the  blocks,  benches,  shelves  and  hooks 
used  by  him  and  prevent  the  same  from  becoming  foul 
or  offensive. 

Sec.  12.  It  shall  not  be  lawful  for  any  person  or  per- 
sons to  permit  or  allow  any  cart,  wagon,  dray  or  other 
vehicle,  or  any  horse  or  other  animal,  to  remain  in  the 
street,  or  space  or  spaces  in  front  of,  or  around  either 
of  said  markets  during  market  hours,  except  such  ve- 
hicles and  animals  as  may  be  employed  in  bringing  pro- 
visions or  other  articles  to  or  from  said  markets,  which 
animals  and  vehicles  shall,  while  they  remain  at  either 
of  said  markets,  be  under  the  direction  of  the  Market- 
master  ; and  the  owners  or  persons  having  charge  of 
such  vehicles  and  animals  respectively,  shall  place  and 
arrange  the  same  as  the  Market-master  may  direct. 


CITY  OF  EVANSVILLE. 


283 


Sec.  13.  The  Common  Council  may  at  any  time,  at 
their  discretion,  remove  any  Market-master  and  appoint 
another  in  his  stead. 

Sec.  14.  No  dogs  shall  be  permitted  or  allowed  to 
come  to  either  of  said  markets  during  market  hours, 
unless  the  owner  or  person  having  charge  of  such  dog 
or  dogs  shall  tie  or  otherwise  confine  such  dog  or  dogs 
in  such  a position  as  to  be  out  of  the  way  of  all  persons 
attending  said  markets,  and  any  dog  found  at  either  of 
said  markets,  during  market  hours,  and  not  tied  or  con- 
fined as  herein  provided,  may  be  killed  by  the  Market- 
master  or  Marshal  of  the  city. 

Sec.  15.  Every  person  who  shall  neglect  any  of  the 
duties  prescribed  by,  or  violate  any  of  the  provisions  of 
this  ordinance,  shall,  for  every  such  offense,  forfeit  and 
pay  not  less  than  one  dollar  nor  more  than  fifty  dollars. 

Sec.  16.  All  ordinances  and  parts  of  ordinances  in- 
consistent with  the  provisions  of  this  ordinance  are 
hereby  repealed. 

W.  BAKER,  Mayor. 

Attest:  P.  Burke,  Clerk. 


284 


GENERAL  ORDINANCES 


AN  ORDINANCE  to  provide  for  the  leasing  of  butchers’  stalls  in  the  Upper 
Market-house,  situated  on  Fourth  street,  between  Locust  and  Walnut 
streets. 

i - [Passed  July  26, 1859.] 

(Published  and  in  force  July  27,  1859.) 

- 1 

1.  Butcher  stalls  how  leased. 

2.  Price,  terms  and  conditions  of  lease. 

3.  Lease,  how  executed. 

4.  Annual  rent,  how  and  when  assessed. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  butchers’  stalls  in  said  mar- 
ket-house shall  be  leased  for  any  period  not  exceeding 
ten  years  from  the  first  day  of  August,  1859,  and  that 
the  present  occupant  of  each  stall  shall,  if  he  desires  it, 
have  a lease  on  such  stall  under  this  ordinance  in  pref- 
erence to  all  other  persons. 

Sec.  2.  The  lessee  of  every  such  stall  shall  annually, 
during  his  term,  and  on  or  before  the  first  day  of  Au- 
gust of  each  j7ear,  pay  to  the  city  such  rent  for  said  stall 
as  the  Council  shall  from  year  to  year  assess  thereon, 
and  a failure  to  pay  said  rent  for  ten  days  after  it  be- 
comes due,  or  a failure  on  the  part  of  the  lessee  to  con- 
form to  and  comply  with  such  rules,  regulations  and 
ordinances  as  the  Council  may  from  to  time  adopt  in 
relation  to  markets,  or  in  relation  to  said  market-house, 
shall  give  the  Council  the  right,  at  their  option,  to  de- 
clare the  lease  forfeited,  and  re-let  the  stall  for  the  unex- 
pired portion  of  the  term;  and  should  said  market-house 
be  destroyed  or  removed,  or  cease  to  be  used  as  a market- 
house,  either  by  the  act  of  the  Council  or  otherwise, 
then  and  from  thenceforth  the  said  lease  shall  be  null 
and  void,  and  the  lessee  shall  only  be  charged  with  the 
rent  of  his  stall  in  proportion  to  the  time  of  his  occu- 
pancy thereof. 

Sec.  3.  Every  lease  made  under  this  ordinance  shall 
be  executed  by  the  Mayor  for  and  on  behalf  of  the  city, 


CITY  OF  EVANSVILLE. 


285 


and  shall  contain  a statement  that  it  is  made  subject  to 
all  the  provisions  of  this  ordinance,  and  binding  the 
lessee  to  conform  to  and  abide  by  said  provisions. 

Sec.  4.  The  rental  of  the  stalls  shall  be  assessed  an- 
nually by  the  Council  on  the  last  Monday  in  July  of 
each  year,  or  as  soon  thereafter  as  practicable,  to  take 
effect  from  and  after  the  first  day  of  August. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  in  relation  to  the  markets  and  market-places  of  the  City 

of  Eyansville. 

[Passed  May  10, 1862.] 

(Published  and  force  May  14,  1862.) 

1,  Venders  at  markets  must  rent  stall,  or  pay  fee  for  use  of  market.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter,  any  person  or  per- 
sons vending  or  offering  to  vend  any  meat,  vegetables, 
provisions  or  other  article  or  articles,  at  either  of  the 
markets  or  market-places  within  the  city  of  Evansville, 
without  first  having  rented  or  leased  a stand  or  stall  in 
such  market  or  market-place,  and  refusing  to  pay  to  the 
Market-master  the  sum  or  fee  fixed  by  the  Common 
Council  to  be  paid  by  such  venders  as  do  not  rent  or 
lease  stands  or  stalls,  shall  forfeit  and  pay  for  every  such 
offense  any  sum  not  exceeding  five  dollars. 

WILLIAM  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


286 


GENERAL  ORDINANCES 


AN  ORDINANCE  in  relation  to  the  sale  of  meat  at  the  Market  or  Market' 

places  of  the  City  of  Evansville. 

[Passed  September  23,  1867.] 

1.  Rent  to  be  paid  unless  the  seller  has  a stand. 

2.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  any  person  or  persons  who  may 
hereafter  sell,  or  offer  to  sell,  any  meat,  except  salted 
meat,  at  or  in  either  of  the  markets  or  market-places  of 
the  city  of  Evansville,  not  having  a meat  stand  or  stall  in 
such  market,  leased  or  rented  from  said  city,  shall  be  re- 
quired to  pay  to  the  Market-master  one  dollar  and  fifty 
cents,  stand  and  stall  rent,  for  every  market  morning  such 
person  or  persons  may  sell  or  offer  to  sell  any  meat,  as 
aforesaid. 

Sec.  2.  Any  person  or  persons,  except  lessees  or  rent- 
ers of  meat  stands  or  stalls,  selling  or  offering  to  sell  any 
meat  at  either  of  said  markets  or  market-places,  and  re- 
fusing to  pay,  on  demand,  the  stall  rent  required  by  this 
ordinance,  shall,  on  conviction,  forfeit  and  pay  not  less 
than  five,  nor  more  than  ten  dollars, 

WILLIAM  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  to  prevent  paupers  and  other  indigent  persons  from  being 
brought  into  and  left  within  the  City  of  Evansville,  and  fixing  a penalty 
for  such  offense. 

[ Passed  December  30,  1867.] 

Section  1 . Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  hereafter  it  shall  be  unlawful  for 
any  person  or  persons  to  bring  into  and  leave  within  the 
city  of  Evansville  any  pauper  or  other  indigent  person, 


CITY  OF  EVANSVILLE. 


287 


without  other  means  than  alms,  or  public  provision  for 
support* 

Sec.  2.  That  hereafter  it  shall  be  unlawful  for  any 
owner,  master,  clerk,  mate,  or  other  officer  or  employee 
of  any  steamboat  on  the  Ohio  river,  to  permit  any  such 
pauper  or  indigent  person,  as  aforesaid,  to  be  landed  from 
their  steamer  at  or  on  the  wharf  of  the  city  of  Evansville, 
and  any  officer  or  employee  of  any  such  steamboat,  vio- 
lating this  ordinance,  it  shall  be  presumed  to  be  done  by 
permission  of  the  officer  or  person  in  command  of  such 
steamboat. 

Sec.  3.  Any  person  or  persons  violating  or  offending 
against  any  provision  or  provisions  of  this  ordinance  shalb 
for  every  such  offense,  forfeit  and  pay  any  sum  not  ex- 
ceeding fifty  dollars  ; and  each  pauper  or  indigent  person, 
as  aforesaid,  brought  into  and  left  or  landed  as  aforesaid, 
shall  constitute  a separate  offense. 

WILLIAM  BAKER,  Mayor, 

Attest : A.  M,  McGriff,  Clerk. 


AN  ORDINANCE  repealing  an  ordinance  passed  on  the  15th  day  of  No- 
vember, A.  D.  1869,  entitled  “ An  ordinance  in  relation  to  the  Oak  Hill 
and  Locust  Hill  Cemeteries,”  and  substituting  therefor  the  appointment  of 
new  Trustees  to  govern  said  Cemeteries. 


[Passed  August  29,  1870.] 

1.  Repeal  of  ordinances  in  conflict  with  title. 

2.  Appointment  of  Board  of  Trustees ; and  designating  their  term  of  office. 

/ 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  any  ordinance  in  conflict  with 
the  title  of  this  ordinance  be,  and  the  same  is  hereby 
repealed. 

Sec.  2.  Resolved , That  Hiram  E.  Read  is  hereby  ap" 
pointed  a Trustee  for  the  Cemeteries  above  named,  to 
serve  for  a term  of  three  years,  and  Dr.  Hiram  W. 
Cloud  is  appointed  a Trustee  of  above  named  Ceme- 


288 


GENERAL  ORDINANCES 


teries,  to  serve  for  a term  of  two  years,  and  William 
Heilman  is  appointed  a Trustee  to  serve  for  a term  of 
one  year,  and  all  of  said  Trustees  are  to  be  governed  by 
such  rules  and  regulations  to  be  adopted  hereafter;  and 
it  is  hereby  ordained  that  the  said  Hiram  E.  Head  shall 
act  as  Trustee  of  said  Cemeteries,  for  a term  of  three 
years,  and  Hiram  W.  Cloud  for  a term  of  two  years, 
and  William  Heilman  for  one  year,  or  until  their  suc- 
cessors are  appointed  and  qualified;  and  on  the  10th  day 
of  September  of  each  year,  there  shall  be  selected  and 
elected  one  Trustee  to  serve  a term  of  three  years. 

WILLIAM  H.  WALKER,  Mayor. 

Attest : William  Helder,  Clerk. 


AN  ORDINANCE  supplementary  to  an  ordinance  passed  August  29, 1870,  en= 
titled  “An  Ordinance  repealing  an  ordinance  passed  on  the  15th  day  of 
November,  A.  D.  1869,  entitled  ‘An  Ordinance  in  relation  to  the  Oak  and 
Locust  Hill  Cemeteries,’  and  substituting  therefor  the  appointment  of  new 
Trustees  to  govern  said  cemeteries. v 


[Passed  March  18, 1871.] 


(Published  March  15,  1870.) 


Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  duties  and  authority  of  the 
Trustees  constituted  by  the  ordinance  of  which  this  is 
explanatory,  shall  be  as  follows,  viz : 

First , To  assume  and  have  the  management  and  care 
of  said  cemeteries. 

Second , To  have  the  direction  and  control  of  all  ex- 
penditures made  on  account  of  said  cemeteries. 

Third , To  recommend  to  the  Council  from  time  to 
time  the  name  or  names  of  a person  or  persons  suitable 
to  be  appointed  as  sexton  of  said  cemeteries. 

Fourth , To  recommend  to  the  Council,  for  adoption, 
such  rules  and  regulations  as  may  in  the  opinion  of  the 
Board  be  suitable  for  the  government  of  said  cemeteries. 


CITY  OF  EVANSVILLE. 


289 


Fifth,  To  cause  such  needed  repairs  and  improve- 
ments to  be  made  as  the  Board  may  deem  proper,  with 
the  consent  of  the  Council. 

Sixth,  To  recommend  to  the  Council  from  time  to 
time  a scale  of  prices  for  lots  in  said  cemeteries,  and  reg- 
ulations as  to  the  method  of  selling  said  lots. 

W.  BAKER,  Mayor. 

Attest : Wm.  Helper,  Clerk. 


AN  ORDINANCE  entitled  an  ordinance  creating  a Sinking  Fund  from  the 

revenues  of  Water- works. 

[Passed  June  13,  1870.] 

( Published  June  16, 1870. ) 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  from  and  after  the  erection  and 
completion  of  the  Water- works  in  said  city,  and  as  soon 
thereafter  as  any  surplus  fund  shall  appear  from  the  reve- 
nues thereof,  in  excess  of  all  legetimate  expenses,  for  the 
general  management  of  the  works,  or  for  repairs  of  same 
or  for  extension  of  water-pipe,  or  for  increase  of  power  in 
machinery,  or  for  any  necessary  appliance  that  will  prove 
to  the  advantage  of  the  works,  a sinking  fund  of  all  such 
surplus  revenue  shall  be  created,  from  which  no  part  of 
same  can  or  shall  be  withdrawn  for  any  purpose  whatever, 
except  to  pay  interest  on  the  bonds  issued  to  pay  for  the 
erection  of  said  Water- works  and  to  cancel  same  at 
maturity. 

The  people  of  Evansville,  through  their  representatives 
in  the  City  Council,  at  this  time,  do  hereby  solemnly  pro- 
test against  the  repeal  or  modification  of  this  ordinance, 
whereby  the  fund  so  created,  shall  be  applied  to  any 
other  purpose  than  is  indicated  in  this  ordinance,  until  the 
bonds  that  may  be  issued  for  the  construction  of  Water- 
works are  cancelled.  The  Mayor  of  the  city  and  the  Fh 
nance  Committee  of  the  Common  Council,  and  the  Trus- 

37 


290 


GENERAL  ORDINANCES 


tees  of  the  Water-works  are  hereby  constituted  and  ap- 
pointed Trustees  of  this  fund,  to  invest  same  securely  and 
to  best  advantage. 

WILLIAM  H.  WALKER,  Mayor. 
Attest:  William  Helder,  Clerk. 


AN  ORDINANCE  providing  for  the  government  of  the  Water-works  of  the 

City  of  Evansville. 

[Passed  March  13,  1871.] 


(Published  and  in  force  March  15, 1871.) 

1.  Trustees  to  be  elected ; term  of  office. 

2.  Compensation  of  Trustees. 

3.  Oath  of  office. 

4.  Contract  and  bond. 

5.  Duty  of  Trustees. 

6.  Trustees  to  report  to  the  Council. 

7.  "Water-works  never  to  be  transferred. 

8.  Revenue  how  disposed  of. 

9.  Quorum  of  Board. 

10.  Minutes  of  Board. 

11.  Allowances  by  the  Trustees. 

12.  When  in  effect. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  there  is  hereby  established  a 
Board  of  Trustees  of  the  Water- works  of  said  city,  to 
consist  of  (4)  four  members,  to  be  elected  by  the  Com- 
mon Council  at  any  meeting  after  the  passage  of  this 
ordinance.  Said  Trustees  shall  be  elected  for  the  terms 
respectively  of  one,  two,  three,  and  four  years,  in  such 
manner  that  one  Trustee  shall  be  elected  thereafter  by 
the  Common  Council  in  the  month  of  March  of  each 
and  every  year,  to  serve  for  four  years,  and  until  his 
successor  shall  be  elected  and  qualified ; and  any  va- 
cancy may  be  filled  by  the  remaining  Trustees,  for  the 
unexpired  term  of  any  such  Trustees  becoming  vacant 
for  which  he  was  elected. 

Sec.  2.  The  compensation  of  said  Trustees  shall  be 
the  sum  of  two  hundred  dollars  each,  except  the  Presi- 


CITY  OF  EVANSVILLE. 


291 


dent  of  the  Board  of  Trustees,  who  shall  receive  five 
hundred  dollars,  payable  quarterly,  at  the  end  of  each 
and  every  quarter,  to  be  paid  out  of  the  revenue  of  the 
Water- works. 

Sec.  3.  Said  Trustees  shall  take  and  subscribe  an  oath 
to  faithfully  perform  their  duties  at  the  time  they  qual- 
ify as  such. 

Sec.  4.  Before  entering  upon  the  duties  of  their  office, 
each  of  said  Trustees  shall  make  a contract  with  the 
Common  Council  of  said  city,  on  the  part  of  said  Trus- 
tees, for  the  faithful  performance  of  their  duties  as  such 
officers,  and  on  the  part  of  the  city,  for  the  fulfillment 
of  the  obligations  placed  upon  it  by  this  ordinance,  with 
bond,  by  the  Trustees,  payable  to  the  city  of  Evansville, 
with  tree-hold  security  to  the  satisfaction  of  the  Com- 
mon Council  in  a penalty  not  less  than  five  thousand 
dollars,  conditioned  for  the  performance  of  their  duties 
as  Trustees,  and  the  safe  keeping,  paying  over  and  ac- 
counting for  all  money  and  property  that  may  come 
into  their  hands  or  under  their  control  in  any  manner 
as  such  Trustees  ; said  contract  and  bond  to  be  filed  by 
the  Clerk,  with  his  signature  and  seal. 

Sec.  5.  It  shall  be  the  duty  of  said  Trustees  to  appoint 
all  employees,  agents,  and  others  necessary  for  the  faith- 
ful working  of  said  Water-works  in  all  its  branches;  to 
require  an  oath  of  office  with  bonds  and  security,  from 
all  holding  a responsible  position  under  them,  and  to 
take  care  of  all  property  belonging  to  said  Water-works; 
to  establish  by  resolution  the  water  rents,  and  to  pro- 
vide for  the  collection  of  same,  to  fix  the  compensation 
of  all  employees  under  them,  and  to  do  such  other  acts 
as  may  be  necessary  for  the  government,  maintenance, 
and  regulation  of  the  Water-works.  The  salaries,  wages 
and  compensation  of  all  such  employees,  agents  and 
officers,  shall  be  paid  by  the  said  Trustees  out  of  the 
revenues  of  the  Water-works. 

Sec.  6.  The  said  Trustees  shall  semi-annually  in  the 
months  of  March  and  September  in  each  year,  and  at 


292 


GENERAL  ORDINANCES 


such  other  times  as  the  Common  Council  may  direct, 
make  out  and  submit  to  said  Common  Council  a report 
in  writing,  stating  in  detail  the  receipts  of  said  Water- 
works, from  all  sources,  and  the  payments  and  for  what 
purposes,  detailing  specifically  all  the  financial  transac- 
tions of  the  Board  of  Trustees  and  all  the  officers  and 
agents  for  and  on  account  of  said  Water-works,  which 
report  shall  be  verified  by  the  affidavits  of  said  Trustees. 

Sec.  7.  The  said  Water- works  shall  never  be  trans- 
ferred, aliened,  sold  or  leased,  by  the  city  or  by  said 
Trustees,  or  by  any  authority  whatever. 

Sec.  8.  The  revenue  arising  from  the  use  of  and  man- 
agement of  said  Water-works  shall  be  under  the  control 
of  said  Board  of  Trustees,  and  all  moneys  in  excess  of 
the  running  expenses  of  said  works,  and  necessary  ex- 
tensions of  or  additions  to  the  same,  including  the  re- 
pairs, and  the  payment  of  the  interest  on  the  Water- 
works bonds  of  the  city  of  Evansville,  shall  constitute  a 
Sinking  Fund  for  the  payment  of  the  principal  of  said 
bonds,  and  said  Board  of  Trustees  shall  invest  the  same 
in  some  safe  bonds  or  security,  and  the  proceeds  o^ 
which  shall  be  applied  to  the  payment  of  said  Water- 
works bonds  until  all  are  paid,  and  thereafter  the  same 
shall  be  paid  into  the  city  Treasury ; Provided , That  such 
investment  shall  not  be  made  unless  the  Common  Coun- 
cil shall  concur  with  said  Board  as  to  the  mode  of  in- 
vestment. 

Sec.  9.  A majority  of  said  Board  of  Trustees  shall 
form  a quorum  for  the  transaction  of  business.  The 
Board  shall  regulate  its  own  times  of  meeting  and  enact 
such  rules  and  regulations  as  may  be  necessary. 

Sec.  10.  Regular  minutes  of  the  proceedings  of  the 
Board  shall  be  kept,  which  shall  always  be  open  to  the 
inspection  of  the  public. 

Sec.  11.  All  allowances  made  by  the  Board  shall  be 
entered  on  record  at  the  time  when  made,  and  written 
receipts  shall  be  taken'  for  all  payments  at  the  time 
when  they  are  made. 


CITY  OF  EVANSVILLE. 


293 


Sec.  12.  This  ordinance  shall  be  in  force  and  effect 
from  and  after  its  passage. 

WILLIAM  BAKER,  Mayor. 
Attest:  William  Helder,  Clerk. 


AN  ORDINANCE  in  relation  to  licenses. 

[Passed  June  7,  1862.] 

(Published  and  in  force  June  14,  1862.) 

1.  All  licenses  to  be  taken  out  at  proper  time ; otherwise,  fifty  per  cent.  ad- 
ditional  to  be  paid. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  in  all  cases  hereafter  in  which  a 
city  license  is  required  to  be  paid  for  and  taken  out  by 
any  person  or  persons,  for  any  purpose  whatever,  and 
when  said  license  shall  not  have  been  paid  for  and  taken 
out  on  or  before  the  day  on  which  the  same  was  due  and 
payable,  the  person  or  persons  applying  for  such  license 
shall  be  required  to  pay  fifty  per  cent,  in  addition  to  the 
price  of  such  license,  as  the  same  may  be  fixed  by  the  or- 
dinances of  the  city  for  the  time  being. 

W.  BAKER,  Mayor. 


Attest : P.  Burke,  Clerk. 


294 


GENERAL  ORDINANCES 


AN  ORDINANCE  to  regulate  and  license  taverns,  coffee-houses,  restaurants, 

drinking  saloons,  and  all  other  places  where  intoxicating  liquors  are  sold, 

to  be  used  or  consumed  on  the  premises. 

[Passed  June  5, 1865.] 

(Published  and  in  force  June  6, 1865.) 

1.  Spirituous,  vinous,  or  malt  liquors  not  to  be  sold  without  license. 

2.  License,  how  applied  for. 

3.  Length  of  time  for  which  license  may  be  granted. 

4.  Price  of  license. 

5.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  not  be  lawful  for  any  per- 
son or  persons  whomsoever,  within  the  corporate  limits  of 
the  city  of  Evansville,  to  sell  or  barter  any  spirituous, 
vinous,  or  malt  liquors,  or  any  intoxicating  liquor  what- 
ever, where  the  same  is  to  be  used  or  consumed  as  a bev- 
erage, in  the  house  where  sold,  or  in  any  out-house,  yard, 
garden,  or  premises  belonging  to  or  connected  therewith, 
without  first  procuring  from  the  Common  Council  of  said 
city  a license  so  to  do. 

Sec.  2.  Any  person  or  persons  wishing  to  obtain  a li- 
cense to  sell  or  barter  any  spiritous,  vinous,  or  malt 
liquors,  to  be  used  as  a beverage  on  the  premises  where 
sold,  shall  make  application  to  the  Common  Council  of 
said  city,  by  petition,  designating  the  house,  room,  or 
premises  where  he,  she,  or  they  propose  to  establish  or 
carry  on  said  business. 

Sec.  3.  No  license  shall  be  granted  under  this  ordinance 
for  a shorter  period  than  six  months,  except  as  hereinafter 
provided,  and  no  license  shall  be  granted  for  a longer  pe- 
riod than  until  the  first  day  of  August  next  after  the 
granting  of  such  license  : Provided , That  when  the  time 
intervening  between  the  date  of  application  and  the  first 
day  of  August  shall  be  less  than  six  months,  the  license 
may  be  granted  until  the  said  first  day  of  August. 

Sec.  4.  The  price  of  a license,  under  this  ordinance, 


« 


CITY  OF  EVANSVILLE.  295 

shall  be  fifty  dollars  for  one  year,  twenty-five  dollars  for 
six  months ; and  when  the  time  intervening  between  the 
making  of  the  application  and  the  first  day  of  August 
succeeding  shall  be  less  than  six  months,  the  price  of  li- 
cense for  such  intervening  time  shall  be  five  dollars  for 
every  month  or  fraction  of  a month  of  such  intervening 
time : Provided,  That  licenses  for  the  time  intervening 
between  the  passage  of  this  ordinance  and  the  first  day 
of  August,  1865,  may  be  applied  and  paid  for  at  any  time 
on  or  before  the  1 5th  day  of  June,  1865. 

Sec.  5.  If  any  person  or  persons  shall,  after  the  said 
15th  day  of  June,  1865,  sell  or  barter  any  spirituous, 
vinous,  or  malt  liquors,  without  first  procuring  from  the 
Common  Council  of  the  city  of  Evansville  a license  so  to 
do,  such  person  or  persons  so  offending  shall,  on  convic- 
tion, forfeit  and  pay  the  sum  of  fifty  dollars  for  the  first 
offense,  and  for  every  subsequent  offense  the  sum  of  one 
hundred  dollars. 

W.  BAKER,  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  providing  for  the  election  of  a City  Surveyor,  and  pre- 
scribing his  duties, 

[Passed  November  12,  1859.] 

( Published  and  in  force  November  15, 1859. ) 


1.  A City  Surveyor  to  be  elected. 

2.  Surveyor  to  take  and  subscribe  oath. 

3.  Duties  of  Surveyor  in  relation  to  lines,  corners,  grades,  &c. 

4.  Surveyor  to  make  report  to  Council  of  grades,  corners,  &c. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  at  each  annual  election  of  Coun- 
cilmen  hereafter  to  be  held,  there  shall  be  elected  by  the 
qualified  electors  of  the  city,  a City  Surveyor,  who  shall 
hold  his  office  for  one  year,  and  until  his  successor  is 
elected  and  qualified. 


296 


GENERAL  ORDINANCES 


Sec.  2.  Before  entering  upon  the  discharge  of  the  du- 
ties of  his  office,  the  Surveyor  shall  take  and  subscribe 
an  oath  that  he  will  faithfully  discharge  the  duties  of 
his  office,  and  that  he  will  not,  during  his  continuance 
in  office,  either  directly  by  himself  or  by  another,  be 
concerned  or  interested  in  any  contract  or  public  work 
of  the  city,  or  be  security,  or  in  any  way  bound  or  in- 
terested for  any  contractor. 

Sec.  3.  It  shall  be  the  duty  of  the  City  Surveyor,  in 
conjunction  with  the  Mayor,  under  the  direction  of  the 
Council,  to  find  and  mark  out  the  lines  of  all  the  streets, 
lanes,  alleys,  sidewalks,  market-spaces,  public  landings 
and  commons  which  are  to  be  improved,  and  shall  also 
find  and  mark  the  proper  grades  of  the  same,  and  shall 
find  and  mark  the  lines  of  improvements  to  be  made. 
He  shall  also  carefully  watch  the  improvements  of  all 
streets  and  alleys,  and  see  that  the  contractor,  or  person 
or  officer  under  whose  superintendence  the  same  is  be- 
ing done,  conforms  the  work  to  the  ordinances,  orders 
or  resolutions  directing  the  same  to  be  done.  And  in 
all  cases  of  embankments  and  fills,  he  shall  examine  the 
ground  whereon  the  work  is  to  be  done,  and  suggest,  if 
the  same  be  necessary,  proper  precautions  against  slides 
or  slips,  and  all  the  means  necessary  to  insure  the  per- 
manence and  stability  of  the  work.  He  shall  from  time 
to  time  suggest  to  the  Council  the  kind  and  quality  of 
materials  to  be  used  in  all  public  works,  and  shall  aid 
them  on  all  occasions,  when  required  so  to  do,  with  his 
professional  knowledge  and  skill. 

Sec.  4.  The  City  Surveyor  shall,  as  soon  as  practica- 
ble, report  to  the  Council  locations,  grades  and  corners 
which  he,  in  conjunction  with  the  Mayor,  shall  have 
fixed,  and  if  approved  by  the  Council,  a record  thereof 
shall  be  made,  and  they  shall  be  the  fixed  and  estab- 
lished locations,  grades  and  corners,  unless  subsequent- 
ly altered  by  authority  of  the  Council. 

W.  BAKER,  Mayor. 


Attest : P.  Burke,  Clerk. 


CITY  OP  EVANSVILLE. 


297 


AN  ORDINANCE  prescribing  the  time  when  the  tax  duplicate  shall  be  issued, 

and  the  time  within  which  personal  and  real  estate  may  be  sold  for  the 

payment  of  taxes,  and  the  time  for  making  the  Collector’s  returns. 

[Passed  October  1,  1859.] 

(Published  and  in  force  October  3, 1859.) 

1.  Tax  duplicate,  when  to  be  made  out  and  delivered  to  the  Collector. 

2.  Duplicate  and  precept,  when  to  be  returned  by  Collector. 

3.  When  certain  statements  to  be  made  by  Collector.  • 

4.  When  taxes  on  polls,  personals,  &c.,  may  be  collected. 

5.  When  taxes  on  real  estate  may  be  collected. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  tax  duplicate  of  the  city 
shall  be  made  out  and  delivered  to  the  Collector  by  the 
Clerk,  by  or  before  the  third  Monday  of  October  of  each 
year. 

Sec.  2.  It  shall  be  lawful  for  the  Collector  to  return 
the  tax  duplicate,  wTith  the  precept  attached  thereto, 
to  the  Common  Council,  or  to  their  Clerk,  at  any  time 
on  or  before  the  last  Monday  in  February  next  follow- 
ing  the  receipt  by  him  of  such  duplicate. 

Sec.  8.  The  statement  required  to  be  made  and  re- 
turned by  the  Collector  to  the  city  Treasurer,  by  the 
provisions  of  the  fifty-second  section  of  the  original 
charter  of  the  city,  may  be  made  at  any  time  on  or  be- 
fore the  second  Monday  in  March  next  succeeding  the 
election  or  appointment  of  such  Collector. 

Sec.  4.  It  shall  be  lawful,  at  any  time  after  the  expi- 
ration of  one  month  from  and  after  the  receipt  of  the 
tax  duplicate,  and  before  the  last  Monday  in  February, 
for  the  Collector,  by  virtue  of  such  duplicate  and  pre- 
cept, to  collect  taxes  on  polls,  personal  estate,  dogs  and 
bitches,  by  seizing  and  selling  the  goods  and  chattels  of 
the  persons  charged  with  such  taxes  respectively,  or  lia- 
ble to  be  seized  and  sold  for  the  payment  thereof. 

Sec.  5.  It  shall  be  lawful  for  the  Collector,  at  any 
time  after  the  expiration  of  one  month  from  and  after 

88 


298 


GENERAL  ORDINANCES 


the  receipt  of  the  tax  duplicate  and  precept,  and  before 
the  last  Monday  in  the  next  February  thereafter,  to 
make  the  taxes  assessed  on  any  real  estate  by  selling 
either  real  or  personal  estate  liable  to  be  sold  for  the 
payment  of  such  taxes. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  in  relation  t®  improvements  and  repairs  on  the  streets 
and  alleys  of  the  city,  and  providing  for  the  assessment  and  collection  of 
the  costs  and  expenses  of  such  improvements  and  repairs,  and  for  the  sale 
and  conveyance  of  real  estate  charged  with  any  portion  of  such  costs  and 
expenses. 


[Passed  June  3, 1859.] 


(Published  and  in  force  June  6, 1859.) 

1.  Order  of  Council  to  designate  what  improvements  or  repairs  are  to  be 

made. 

Advertisement,  letting  of  contract,  &c. 

Contractor  to  give  security. 

2.  Expenses  of  improvements,  how  to  be  assessed. 

3.  Apportionment  of  expenses,  how  made. 

Apportionment,  when  approved  by  Council,  to  be  recorded  and  assess- 
ment made. 

4.  Owner  may  give  security  to  pay  his  proportion  in  cash. 

Contractor  to  receive  securities  thus  taken. 

5.  Owners  who  give  security  and  pay  promptly,  to  receive  eight  per  cent. 

from  city. 

6.  Mayor  to  report  to  the  Council,  and  precept  to  issue. 

7.  Precept,  what  it  must  contain. 

8.  Sales  under  precept,  how  made. 

9.  Certificate  of  purchase. 

10.  Premises  sold  may  be  redeemed. 

11.  Deed,  when  and  by  whom  to  be  made. 

12.  Proviso. 

13.  Repeal.  . 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  the  Common  Council 
of  said  city  shall,  in  pursuance  of  the  charter  of  the  city, 
order  and  require  any  improvements  or  repairs  to  be  made 
in  or  upon  any  street  or  alley,  or  in  or  upon  a part  of  any 
street  or  alley  within  the  city,  by  grading,  paving,  gravel- 
ing, curbing  or  guttering,  or  otherwise  improving  the  same 


CITY  OF  EVANSVILLE. 


299 


an  order  designating  the  improvements  or  repairs  required 
to  be  made,  shall  be  passed  by  the  Council,  and  thereupon 
it  shall  be  the  duty  of  the  Clerk  of  the  city  to  advertise 
for  not  less  than  twenty  days  (by  publication  in  some 
newspaper  printed  and  published  in  the  city),  for  sealed 
proposals  to  do  the  work  and  furnish  all  the  materials 
necessary  for  the  completion  of  the  improvements  or 
repairs  required  to  be  made,  and  the  job  shall  (unless 
the  Council  shall  see  proper  to  defer  the  letting)  be  let 
to  the  lowest  responsible  bidder,  who  will  give  secu- 
rity to  the  acceptance  of  the  Council  for  the  performance 
of  his  contract,  and  in  all  cases  the  name  or  names  of 
the  proposed  sureties  of  the  bidder  shall  accompany  the 
bid,  and  the  contract  shall  be  executed  by  the  party  to 
whom  the  work  may  be  awarded,  and  his  sureties  within 
five  days  from  and  after  the  time  when  the  work  may 
be  awarded  to  such  party,  unless  by  an  order  of  Coun- 
cil further  time  is  given,  and  a failure  so  to  execute  the 
contract  shall  be  a forfeiture  of  the  bid. 

Sec.  2.  The  cost  and  expense  of  making  any  improve- 
ments or  repairs  (including  all  the  materials  for  the 
same)  contemplated  by  the  preceding  section,  shall,  un- 
less otherwise  ordered  by  the  Council,  be  assessed  and 
charged  against  all  lots  and  parts  of  lots  fronting  on  or 
adjoining  the  street  or  part  of  a street  or  alley  or  part 
of  an  alley  so  ordered  and  required  to  be  improved  or 
repaired  equally  per  front  foot,  that  is,  every  foot  of  real 
estate  fronting  or  abutting  upon  such  street  or  part  of  a 
street  or  alley  or  part  of  an  alley  on  either  side  thereof, 
shall  be  charged  with  an  equal  proportion  of  the  entire 
cost  and  expenses  of  making  such  improvement  or  re- 
pairs, including  the  cost  of  all  material  used  therein. 

Sec.  3.  Within  five  days  from  and  after  the  contrac- 
tor or  contractors  to  whom  the  "work  may  be  awarded 
shall  have  executed  the  contract  and  given  security  as 
aforesaid,  it  shall  be  the  duty  of  the  Mayor  and  City 
Surveyor  to  make  to  the  Common  Council  a report  in 


300 


GENERAL  ORDINANCES 


writing,  apportioning  the  entire  cost  and  expense  (at  the 
contract  price)  of  the  improvement  or  repairs  among  all 
the  lots  or  separate  parcels  of  real  estate  fronting  on  or 
adjoining  the  street  or  part  of  a street  or  alley  or  part 
of  an  alley  ordered  to  be  improved  or  repaired,  accord- 
ing to  the  principle  of  taxation  established  by  the  last 
preceding  section ; said  apportionment  or  report  shall 
set  forth  the  whole  length  of  the  street  or  part  of  a street 
or  alley  or  part  of  an  alley  so  ordered  to  be  improved  or 
repaired,  the  entire  cost  of  the  improvements  or  repairs 
at  the  contract  price,  the  entire  number  of  feet  of  real  es- 
tate fronting  on  or  adjoinging  the  same,  and  the  amount 
with  which  every  such  foot  of  real  estate  is  chargeable, 
together  with  a full  description  of  each  separate  parcel  of 
such  real  estate,  with  the  name  of  the  owner  or  owners, 
claimant  or  claimants  thereof,  and  the  sum  to  be  charged 
against  each  such  parcel ; and  where  the  Mayor  and  City 
Surveyor  cannot  ascertain  the  name  or  names  of  the 
owner  or  owners  of  any  parcel  of  such  real  estate,  they 
shall  designate  such  parcel  as  the  property  of  unknown 
owners,  and  the  said  report  or  apportionment,  after  being 
submitted  to  and  approved  by  the  Common  Council,  shall 
be  recorded  by  the  Clerk  in  the  minute-book  of  the  Coun- 
cil, and  the  Council  shall  thereupon  pass  an  order  asses- 
sing and  charging  against  each  lot  or  parcel  of  real 
estate,  the  share  or  proportion  of  the  costs  and  expenses 
of  making  such  improvements  or  repairs  with  which  such 
lot  or  parcel  of  real  estate  is  chargeable  under  the  pro- 
visions of  this  ordinance. 

Sec.  4.  At  any  time  within  three  days  from  and  after 
the  approval  of  the  report,  and  the  making  of  the  assess- 
ment mentioned  in  the  third  section  of  this  ordinance,  any 
owner  or  claimant  oftany  lot  or  parcel  of  real  estate 
taxed  by  said  assessment,  may  execute  his  undertak- 
ing in  writing,  with  security  to  the  acceptance  and 
approval  of  the  Mayor,  payable  to  the  contractor  or  con- 
tractors to  whom  the  work  may  have  been  awarded, 
stipulating  that  such  owner  shall  and  will  pay  to  such 


CITY  OF  EVANSVILLE. 


301 


contractor  or  contractors  the  amount  assessed  and  charged 
as  aforesaid  against  such  lot  or  parcel  of  real  estate, 
and  that  the  same  shall  be  paid  in  three  installments, 
one-third  whenever  one-third  of  the  entire  job  shall  have 
been  completed  according  to  the  estimate  of  the  City  Sur- 
veyor, another  third  whenever  another  third  of  the  entire 
job  shall  have  been  completed  according  to  the  like  esti- 
mate, and  the  remaining  third  on  the  completion  of  the 
entire  job  and  its  acceptance  by  the  Council ; and  it  shall 
be  a part  of  every  contract  made  by  the  city  with  any 
such  contractor,  that  he  will  receive  from  the  city  the  un- 
dertakings aforesaid  in  payment  or  part  payment  on  the 
contract,  and  the  Mayor,  upon  delivering  an}^  such  under- 
takings to  the  contractor,  shall  take  his  receipt  for 
the  amount  thereof  as  a payment  of  that  amount  on  the 
contract.  * 

Sec.  5.  Any  owner  or  claimant  of  any  lot  or  parcel  of 
real  estate,  who  shall  in  pursuance  of  the  last  preceding 
section,  execute  an  undertaking  with  security  as  afore- 
said, and  who  shall  pay  the  amount  thereof  to  the  per- 
son entitled  to  receive  it,  at  the  times  when  payable, 
shall  be  entitled  to  receive  from  the  city  eight  per  cen- 
tum on  the  amount  of  said  written  undertaking. 

Sec.  6.  As  soon  as  the  contractor  shall  have  complet- 
ed his  contract  to  the  acceptance  of  the  Council,  it  shall 
be  the  duty  of  the  Mayor  to  make  a statement  or  report 
to  the  Council,  setting  forth  what  undertakings  of  the 
owners  or  claimants  of  lots  were  received  by  him  and 
handed  over  to  the  contractor,  with  the  amount  of  each 
undertaking  and  the  lot  or  parcel  of  real  estate  for 
which  it  was  given ; and  the  Council  shall  thereupon 
order  a separate  precept  to  be  issued  to  the  City  Collec- 
tor against  each  lot  or  parcel  of  real  estate  so  assessed 
as  aforesaid,  for  the  amount  of  such  assessment,  but  no 
such  precept  shall  issue  against  any  lot  or  parcel  of  real 
estate,  the  assessment  whereon  has  been  previously  paid 

^-Fourth  section  amended.  See  ordinance  of  June  7tli,  1859— post. 


302 


GENERAL  ORDINANCES 


either  by  a written  undertaking  of  the  owner  or  claim- 
ant with  surety  as  aforesaid  or  otherwise. 

Sec.  7.  The  precept  mentioned  in  the  sixth  section 
of  this  ordinance  shall  be  signed  by  the  Mayor,  and  at- 
tested by  the  Clerk,  and  sealed  with  the  corporate  seal 
of  the  city,  and  after  stating  the  fact  that  the  assess- 
ment was  made,  and  referring  to  the  record  thereof,  and 
that  the  same  is  unpaid,  and  after  referring  to  the  order 
directing  the  precept  to  be  issued,  and  reciting  the 
amount  of  the  assessment  and  a description  of  the  lot  or 
parcel  of  real  estate  assessed,  and  stating  the  name  of 
the  owner  or  claimant  if  known,  said  precept  shall  com" 
mand  the  Collector  of  the  city  to  sell  and  convey  the  lot 
or  parcel  of  real  estate  therein  described,  or  so  much 
thereof  as  may  be  necessary  for  the  payment  of  the 
amount  so  assessed  and  charged  against  the  same,  and 
said  precept  shall  be  directed  and  delivered  to  said  Col- 
lector, and  shall  be  returnable  within  forty  days  from 
its  date,  and  the  Collector  shall,  in  his  return,  fully  state 
his  proceedings  under  the  precept. 

Sec.  8.  It  shall  be  the  duty  of  the  Collector  to  sell  at 
public  auction  to  the  highest  bidder,  at  the  door  of  the 
Court-house  in  Evansville,  the  lot  or  parcel  of  real  es- 
tate described  in  and  commanded  to  be  sold  by  such 
precept,  first  giving  notice  of  the  time  and  place  of  such 
sale  by  publication  for  at  least  two  weeks  successively, 
next  before  the  sale,  in  some  newspaper  printed  and 
published  in  the  city. 

Sec.  9.  The  Collector  upon  making  sale  of  any  lot  or 
parcel  of  real  estate  by  virtue  of  any  such  precept,  or  as 
soon  after  such  sale  as  practicable,  shall  upon  receipt  of 
the  purchase  money,  make  and  deliver  to  the  purchaser 
a certificate  of  purchase,  which,  after  reciting  the  sub- 
stance of  said  precept,  and  stating  the  manner  of  adver- 
tising the  sale,  shall  describe  the  property  sold  and  state 
the  price  for  which  it  was  sold,  and  the  name  or  names 
of  the  purchaser  or  purchasers,  with  the  time  within 


CITY  OF  EVANSVILLE. 


303 


which  the  premises  may  be  redeemed  and  shall  certify 
that  if  said  premises  are  not  redeemed  before  the  expi- 
ration of  that  time,  the  purchaser,  his  heirs  or  assigns 
will,  at  the  expiration  of  the  time  allowed  for  redemp- 
tion,  be  entitled  to  a deed  for  the  premises. 

Sec.  10.  The  owner  or  claimant  of  any  lot  or  parcel 
of  real  estate  sold  as  aforesaid,  or  any  person  on  his  be- 
half, may  redeem  the  same  at  any  time  within  one  year 
from  the  day  of  sale,  by  depositing  with  the  Treasurer 
of  the  city,  for  the  use  of  the  purchaser,  the  amount  of 
the  purchase  money  paid  by  said  purchaser  for  his  cer- 
tificate of  purchase,  together  with  interest  thereon  at  the 
rate  of  one  hundred  per  centum  per  annum  from  the 
day  of  sale  to  the  day  of  making  such  deposit  and  re- 
demption, and  also  by  paying  to  said  Treasurer,  for  the 
use  of  such  purchaser,  all  taxes  paid  by  the  purchaser 
on  the  premises  subsequently  to  the  day  of  sale,  with 
interest  at  six  per  centum  per  annum,  on  such  subse- 
quent taxes  from  the  time  of  the  payment  thereof  to  the 
time  of  redemption. 

Sec.  11.  After  the  expiration  of  one  year  from  the 
day  on  which  any  lot  or  parcel  of  real  estate  shall  have 
been  sold  as  aforesaid,  it  shall  be  the  duty  of  the  Treas- 
urer of  the  city,  provided  such  lot  or  parcel  of  real  es- 
tate shall  not  have  been  redeemed  as  aforesaid,  upon  the 
delivery  to  him  of  the  certificate  of  purchase,  to  make, 
execute,  acknowledge  and  deliver  to  the  holder  of  the 
certificate  of  purchase,  a deed  for  the  premises  described 
in  such  certificate,  which  deed  shall  be  conclusive  evi- 
dence of  the  facts  therein  stated,  recited  or  set  forth, 
and  shall  vest  in  the  grantee  a good  and  indefeasible 
title  to  the  premises  conveyed  by  such  deed,  and  said 
deed  shall  not  be  set  aside,  annulled,  or  held  invalid  in 
any  court,  except  upon  proof  of  one  or  more  of  the  fol- 
lowing facts,  to-wit : First , That  the  premises  in  such 

certificate  described  were  not  subject  to  be  taxed  for  the 
purpose  for  which  the  assessment  ( upon  which  the  sale 
was  based ) was  made  : Second , That  the  amount  of 


304 


GENERAL  ORDINANCES 


the  assessment  wa3  paid  to  the  Collector  or  his  deputy, 
or  tendered  and  refused  before  the  sale : Third , that 

the  premises  were  redeemed  as  herein  provided  for 
within  one  year  from  the  day  of  sale. 

Sec.  12  The  provisions  of  this  ordinance  shall  not 
apply  to  sidewalk  improvements,  but  sidewalk  improve- 
ments, shall  he  made  under  existing  ordinances  the 
same  as  though  this  ordinance  had  not  been  passed. 

Sec.  11.  All  ordinances  and  parts  of  ordinances  incon- 

> 

sistent  with  the  provisions  of  this  ordinance  are  hereby 
repealed. 

W.  BAKER,  Mayor, 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  to  amend  an  ordinance  passed  June  3,  1859,  entitled  “An 
Ordinance  in  relation  to  improvements  and  repairs  on  the  streets  and 
alleys  ol  the  city,  and  providing  for  the  assessment  and  collection  of  the 
costs  and  expenses  of  such  improvements  and  repairs,  and  for  the  sale  and 
conveyance  of  real  estate  charged  with  any  portion  ot  such  costs  and  ex- 
penses.” 


[Passed  June  7,  1859.] 

(Published  and  in  force  June  9,  1859.) 

1.  Fourth  section  of  ordinance  of  June  3, 1859,  amended. 

Obligations,  how  payable. 

2.  Work  may  be  let  in  several  contracts ; proviso. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  fourth  section  of  the  ordi- 
nance mentioned  in  the  title  of  this  ordinance  be,  and  the 
same  is  hereby,  so  amended  as  to  require  the  written  un- 
dertaking mentioned  in  said  fourth  section  to  be  payable 
in  installments  as  the  work  progresses,  in  such  sumS  and 
at  such  times  as  the  Common  Council  shall  from  time  to 
time  order  and  direct ; and  so  much  of  said  fourth  section 
as  is  inconsistent  with  the  provisions  of  this  ordinance  is 
hereby  repealed. 

Sec.  2.  Whenever  an  order  shall  have  been  passed  by 
the  Common  Council  for  the  improvement  or  repair  o* 


CITY  OF  EVANSVILLE. 


305 


any  street  or  part  of  a street,  or  alley  or  part  of  an  alley, 
and  bids  shall  have  been  received  therefor,  the  Council 
may,  if  they  deem  it  expedient,  let  the  said  work  in  sev- 
eral contracts : Provided , That  when  there  are  several 
contracts,  no  contract  shall  be  for  less  than  two  hundred 
and  fifty  feet  in  length  of  any  such  street  or  alley. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  to  protect  the  streets  of  the  city  from  injury  while  under- 
going improvements  or  repairs. 

[Passed  September  13,  1859.] 

( Published  and  in  force  September  14,  1859. ) 

1.  When  streets  may  be  obstructed. 

2.  Obstructions  must  not  be  removed,  nor  may  street  be  used ; penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  whenever  any  street  of  the  city 
is  being  paved  or  otherwise  improved  or  repaired,  it 
shall  be  lawful  for  the  Mayor  or  Street  Commissioner  to 
cause  obstructions  to  be  placed  across  such  street  at  such 
points  as  maybe  deemed  necessary  for'the  preservation 
of  the  work  from  injury  during  the  progress  thereof. 

Sec.  2.  After  the  placing  of  any  such  obstructions 
across  any  such  street,  it  shall  be  unlawful  for  any  person 
to  remove  the  same,  or  to  lead,  ride  or  drive  any  horse, 
mule,  or  other  animal  across  or  along  any  such  street, 
or  any  part  of  any  such  street,  which  has  been  thus  ob- 
structed, or  to  cause  any  vehicle  of  any  kind  to  be  haul- 
ed across  or  along  the  same  during  the  continuance  of 
such  obstruction ; and  any  person  violating  the  provi- 
sions of  this  ordinance  shall  forfeit  and  pay  any  sum  not 
less  than  five  dollars  nor  more  than  twenty  dollars. 

W.  BAKER,  Mayor. 


Attest:  P,  Burke,  Clerk. 


306 


GENERAL  ORDINANCES 


AN  ORDINANCE  relative  to  certain  streets  of  tbe  city  of  Evansville. 

[Passed  February  11,  I860.] 

( Published  and  in  force  February  15,  1860, ) 

1.  Ashes,  filth,  &c.,  must  not  be  placed  on  Main  street. 

2.  Certain  gutters  must  be  kept  clean  at  all  times. 

3.  Provisions  of  this  ordinance  extended  to  all  bowldered  or  paved  streets. 

4.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  it  shall  hereafter  be  unlawful  for 
any  person  or  persons  to  place  or  deposit  any  filth, 
ashes,  shavings,  paper,  rags,  or  garbage,  or  any  other 
matter  or  substance  whatever,  on  any  part  of  Main 
street  between  First  street  and  Third  street. 

Sec.  2.  That  all  owners  or  occupants  of  lots  or  parts 
of  lots  fronting  on  said  street  are  hereby  required  to 
keep  the  gutters  in  front  of  their  premises  perfectly 
clean  at  all  times,  so  that  the  drainage  by  said  gutters 
may  never  be  interrupted. 

Sec.  3.  That  whenever  any  street  or  part  of  a street 
within  said  city  shall  hereafter  be  bowldered  or  paved, 
the  provisions  of  this  ordinance  shall  immediately  ap- 
ply to  such  street  or  part  of  a street  so  bowldered  or 
paved. 

Sec.  4.  Every  person  who  shall  neglect  any  duty  pre* 
scribed  bj,  or  violate  any  provisions  of,  this  ordinance, 
shall  for  every  such  neglect  or  violation  forfeit  and  pay 
not  less  than  one  nor  more  than  five  dollars. 

W.  BAKER,  Mayor. 


Attest:  P.  Burke,  Clerk. 


CITY  OF  EVANSVILLE. 


307 


AN  ORDINANCE  to  protect  the  streets  and  alleys  of  the  city  of  Evansville. 

[Passed  March  16,  1861.] 

(Published  and  in  force  March  25, 1861.) 

1.  Width  of  tire  and  weight  of  burden  of  vehicles  prescribed. 

2.  No  load  or  burden  to  be  dragged  over  paved  street. 

3.  Certain  drays  to  be  exempt  from  license. 

4.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville,  That  from  and  after  the  first  day  of 
April,  1861,  no  two-wheeled  vehicle  of  any  description, 
with  felloes  and  tire  less  than  four  inches  in  breadth,  shall 
be  permitted  to  be  drawn  or  pass  over  the  bowldered, 
paved  or  Macadamized  streets  or  alleys  of  the  city  with  a 
greater  burden  than  two  thousand  pounds  weight,  and 
that  no  four-wheeled  vehicle  of  any  description,  with  fel- 
loes and  tire  less  than  four  inches  in  breadth,  shall  be  per- 
mitted to  be  drawn  or  pass  over  any  of  said  streets  or 
alleys  with  a greater  burden  than  four  thousand  pounds 
weight;  and  no  wagon,  dray,  carriage,  or  vehicle  of  any 
kind  or  description  shall  be  permitted  to  be  drawn  or  pass 
over  any  of  said  streets  or  alleys  with  a greater  burden 
than  four  tons,  unless  the  article  to  be  drawn  is  of  such 
a nature  that  it  cannot  be  separated ; and  in  such  case, 
in  no  instance  shall  it  be  drawn  on  or  over  any  of  said 
streets  or  alleys  in  or  upon  any  vehicle  or  carriage  of 
any  kind,  unless  the  felloes  and  the  tire  thereof  be  at 
least  six  inches  in  width  : Provided , That  the  restriction 
contained  in  this  section  shall  be  applicable  only  to  such 
carriages  and  other  vehicles  as  are  usually  kept  and  em- 
ployed within  the  city,  or  within  two  miles  thereof,  and 
shall  not  extend  to  wagons,  carts,  or  vehicles  of  any 
kind  kept  or  attached  to  any  farm,  plantation,  or  estate 
situate  outside  of  the  limits  of  the  city,  and  not  em- 
ployed within  the  city,  but  occasionally  passing  over 
the  streets  thereof  : And  'provided , That  hogsheads  of 
tobacco,  or  other  single  packages  or  parcels  of  produce 


308 


GENERAL  ORDINANCES 


or  merchandise,  weighing  more  than  two  thousand 
pounds,  may  be  hauled  on  drays  similar  to  those  now 
used. 

Sec.  2.  That  it  shall  be  unlawful  for  any  person  or 
persons  to  drag,  or  cause  or  permit  to  be  dragged,  by  a 
chain  or  other  fastening,  over  or  upon  any  of  said 
streets  or  alleys,  any  substance  or  thing  whatever,  or  to 
allow  any  part  of  the  load  or  burden  of  any  vehicle  to 
rub  upon  or  touch  the  said  streets  or  alleys. 

Sec.  3.  Every  dray,  having  felloes  and  tire  of  the 
breadth  of  four  inches,  and  ready  for  use  by  the  first 
day  of  August,  1861,  shall  be  exempt  from  the  payment 
of  license  for  one  year  from  said  date. 

Sec.  4.  Any  person  violating  any  of  the  provisions  of 
this  ordinance  shall  forfeit  and  pay  any  sum  not  ex- 
ceeding fifty  dollars. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  in  relation  to  the  laying  out,  opening,  altering,  contract- 
ing, widening,  or  discontinuing  of  streets,  lanes,  alleys,  or  public  landings 

within  the  city  of  Evansville. 

[Passed  February  26,  1866.] 

) 

(Published  and  in  force  February  28,1866.) 

1.  All  orders  of  Council  in  relation  to  opening  of  streets,  &c.,  to  be  pub- 

lished. 

2.  Petition  and  map  to  be  presented  to  Council  and  recorded  by  Clerk. 

3.  Claims  for  damages,  how  and  by  whom  to  be  presented. 

4.  Repealed. 

5.  When  Council  to  pass  final  order,  &c. 

6.  In  what  cases  petitioners  to  pay  for  advertising. 

7.  Repeal. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  whenever  the  Common  Coun- 
cil may  hereafter  pass  an  order  for  the  laying  out, 
opening,  altering,  contracting,  widening  or  discontin- 
uing any  street,  lane,  alley  or  public  landing  within  said 
city,  it  shall  be  the  duty  of  the  Clerk  to  give  notice  of 


CITY  OF  EVANSVILLE. 


809 


the  passage  of  such  order  by  publication  for  six  weeks 
in  some  public  newspaper  printed  and  published  in  said 
city. 

Sec.  2.  The  petitioners  or  persons  desiring  the  Coun- 
cil to  pass  such  order;  shall  present  to  the  Council,  with 
their  petition,  an  accurate  map  or  plat  of  the  block  or 
blocks,  square  or  territory  through  or  adjoining  which 
such  street,  lane,  alley  or  public  landing  is  proposed  to 
be  laid  out,  opened,  altered,  contracted  or  widened,  or 
in  or  adjoining  which  such  street,  lane,  alley  or  public 
landing  which  is  proposed  to  be  discontinued  is  situated, 
showing  in  said  plat  the  position,  width  and  length  of 
such  street,  lane,  alley  or  public  landing,  which  plat 
shall  be  recorded  by  the  Clerk  in  the  minute-book  of 
the  Council. 

Sec.  3.  All  persons  owning  or  claiming  real  estate 
adjoining  or  abutting  upon  any  street,  lane,  alley  or 
public  landing  proposed  to  be  laid  out,  opened,  altered, 
contracted  or  widened,  and  feeling  themselves  aggrieved 
by  such  order  of  the  Council,  may,  previous  to  the 
expiration  of  the  time  mentioned  in  the  notice  referred 
to  in  the  first  section  of  this  ordinance,  apply  to  the 
Council  for  redress,  by  petition  or  remonstrance  in  wri- 
ting left  with  the  Clerk,  and  containing  a statement  of 
the  injuries  complained  of,  and  the  amount  of  damages 
claimed  therefor,  and  all  persons  failing  or  neglecting 
to  make  such  application  within  the  time  stated  in  such 
notice,  shall  be  debarred  from  thereafter  presenting  or 
prosecuting  any  claim  for  redress  or  damages. 

Sec.  5.  After  publication  of  notice  as  required  by  the 
first  section  of  this  ordinance,  and  after  the  amount  of 
damages  shall  have  been  fixed  and  adjusted  as  required 
by  the  charter  and  ordinances  of  the  city,  and  after  the 
payment  of  the  same  to  the  claimants,  the  Common 
Council  shall  pass  a final  order,  declaring  that  said 
street,  lane,  alley  or  public  landing  is  laid  out,  opened, 
altered,  contracted,  widened  or  discontinued,  as  the  case 
may  be,  and  directing  all  fences  or  other  obstructions 


310 


GENERAL  ORDINANCES 


to  be  removed  from  such  street,  lane,  alley  or  public 
landing  so  ordered  to  be  laid  out,  opened,  altered,  con* 
tracted  or  widened. 

Sec.  6.  All  notices  of  the  pendency  of  proceedings 
for  discontinuing  any  street,  lane,  alley  or  public  land- 
ing, shall  be  published  at  the  expense  of  the  petitioners. 

Sec.  7.  All  ordinances  heretofore  passed  in  relation  to 
laying  out  and  opening  streets,  lanes,  alleys  and  public 
landings,  are  hereby  repealed,  but  all  proceedings  pend* 
ing  under  any  former  ordinances  now  in  force,  shall  be 
conducted  and  completed  under  the  provisions  of  such 
former  ordinances,  which  are  for  that  purpose  contin- 
ued in  force. 

WILLIAM  BAKER,  Mayor. 

Attest:  A.  M.  McGriff,  Clerk. 


AN  ORDINANCE  in  relation  to  the  laying  out,  opening,  altering,  contract- 
ing, widening  or  discontinuing  of  streets,  lanes,  alleys  or  pubilc  landing 
within  the  city  of  Evansville. 

[Passed  August  29,  1870.] 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  in  all  cases  where  application 
may  hereafter  be  made  to  the  Council  for  the  passage  of 
an  order  to  lay  out,  open,  alter,  or  widen  any  street  or 
alley  in  or  through  any  territory  within  the  corporate  lim- 
its of  the  city  of  Evansville,  which  was  not  laid  out  in 
streets  and  lots  and  not  platted  and  the  plat  thereof  not 
recorded  previous  to  the  annexation  of  said  territory  to 
the  city  of  Evansville  or  previous  to  the  time  at  which 
said  territory  became  a part  of  the  city  of  Evansville, 
the  final  order  to  lay  out,  open,  alter,  or  widen  such 
street  or  alley  shall  not  be  passed  unless  the  petitioners 
or  persons  desiring  the  same  shall  deposit  with  the  City 
Treasurer  the  one  half  of  the  amount  of  damages  fixed 


CITY  OF  EVANSVILLE. 


311 


and  ascertained  agreeably  to  the  provisions  of  the  fifty- 
ninth  section  of  the  city  charter. 

Sec.  2.  Any  proceedings  had  under  the  first  section  of 
this  ordinance  shall  strictly  conform  with  the  requirements 
of  sections  one,  two,  three,  five  and  six  of  “An  ordinance 
in  relation  to  the  laying  out,  opening,  altering,  construct- 
ing, widening,  or  discontinuing  of  streets,  alleys,  lanes  or 
public  landings  within  the  city  of  Evansville,”  passed  Feb- 
ruary 26,  1866. 

WILLIAM  H.  WALKER,  Mayor. 
Attest:  William  Heldeb,  Clerk. 


AN  ORDINANCE  dividing  the  city  of  Evansville  into  nine  Wards  and  des- 
ignating the  boundaries  of  each  of  said  Wards. 

[Passed  February  28,  1870.] 

(Published  and  in  force  March  4, 1870.) 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  from  and  after  the  taking  effect  of 
this  ordinance,  the  territory  situate  within  the* corporate 
limits  of  said  citv  shall  be  divided  into  and  consist  of  nine 
Wards,  as  follows,  viz  : 

The  First  Ward  shall  consist  of  all  that  part  of  the  city 
situate  within  the  following  boundary  lines,  viz  : Begin- 
ning at  the  intersection  of  Chestnut  and  Fourth  streets, 
and  running  thence  by  Chestnut  street  to  Eighth  street ; 
thence  by  Eighth  street  to  the  Canal ; thence  by  the  Canal 
to  the  eastern  boundary  line  of  said  city  ; thence  by  the 
eastern  and  southern  boundary  line  of  the  city  to  the  in- 
tersection of  Madison  avenue  and  Putnam  street ; thence 
by  Putnam  street  and  across  Blackford’s  Grove  to  the 
southern  end  of  Sixth  street ; thence  by  Sixth  street  to 
Chandler  street ; thence  by  Chandler  and  Gum  streets  to 
Fourth  street ; and  thence  by  Fourth  street  to  the  place  of 
beginning. 

The  Second  Ward  shall  consist  of  all  of  that  part  of 


312 


GENERAL  ORDINANCES 


the  city  situate  within  the  following  boundary  lines,  viz  : 
Beginning  on  the  Ohio  river  at  Walnut  street  and  running 
thence  by  Walnut  street  to  Fourth  street;  thence  by 
Fourth  street  to  Gum  street ; thence  by  Gum  and  Chand- 
ler streets  to  Sixth  street ; thence  by  Sixth  street  and 
across  Blackford’s  Grove  to  Putnam  street ; thence  by 
Putnam  street  to  the  southern  boundary  line  of  the  city  ; 
thence  by  said  boundary  line  to  the  Ohio  river ; and 
thence  by  the  river  to  the  place  of  beginning. 

The  Third  Ward  shall  consist  of  all  of  that  part  of  the 
city  situate  within  the  following  boundary  lines,  viz  : Be- 
ginning on  the  Ohio  river  at  Walnut  street  and  running 
thence  by  Walnut  street  to  Fourth  street;  thence  by 
Fourth  street  to  Main  street ; thence  by  Main  street  to 
Fifth  street ; thence  by  Fifth  street  to  Sycamore  street; 
thence  by  Sycamore  street  to  Third  street;  thence  by 
Third  street  to  Carpenter  street ; thence  by  Carpenter 
street  to  Center  street ; thence  by  Center  street  to  Leet 
street;  thence  by  Leet  street  to  the  Ohio  river;  and 
thence  by  the  river  to  the  place  of  beginning. 

The  Fourth  Ward  shall  consist  of  all  that  part  of  the 
city  situate  within  the  following  boundary  lines,  viz  : Be- 
ginning at  the  intersection  of  Fourth  and  Chestnut  streets, 
and  running  thence  by  Chestnut  street  to  Eighth  street ; 
thence  by  Eighth  street  to  Division  street ; thence  by  Di- 
vision street  to  Third  street ; thence  by  Third  street  to 
Sycamore  street ; thence  by  Sycamore  street  to  Fifth 
street ; thence  by  Fifth  street  to  Main  street ; thence  by 
Main  street  to  Fourth  street ; and  thence  by  Fourth  street 
to  the  place  of  beginning. 

The  Fifth  Ward  shall  consist  of  all  that  part  of  the 
city  situate  within  the  following  boundary  lines,  viz  : 
Beginning  at  the  intersection  of  Leet  and  Center  streets, 
and  running  thence  by  Leet  street  and  third  Avenue  to 
Sixth  street ; thence  by  Sixth  street  and  across  F.  W. 
Brinkmeyer’s  Enlargement  to  the  west  line  of  the 
Northern  Enlargement;  thence  by  said  line  to  Ann 
street ; thence  by  Ann  street  to  Ninth  street ; thence  by 


CITY  OF  EVANSVILLE. 


313 


Ninth  street  to  Division  street  ; thence  by  Division  street 
to  Third  street ; thence  by  Third  street  to  Carpenter 
street;  thence  by  Carpenter  street  to  Center  street;  and 
thence  by  Center  street  to  the  place  of  beginning. 

The  Sixth  Ward  shall  consist  of  all  that  part  of  the 
city  situate  within  the  following  boundary  lines,  viz  : 
Beginning  on  the  Ohio  river  at  Leet  street;  and  run- 
ning thence  by  Leet  street  and  Third  avenue  to  Frank- 
lin street;  thence  by  Franklin  street  to  Pigeon  creek; 
thence  by  Pigeon  creek  to  the  Ohio  river ; and  thence 
by  the  river  to  the  place  of  beginning. 

The  Seventh  Ward  shall  consist  of  all  that  part  of  the 
city  situate  within  the  following  boundary  lines,  viz: 
Beginning  on  Pigeon  creek  at  Franklin  street ; and  run- 
ning thence  by  Franklin  street  to  Third  avenue  ; thence 
by  Third  avenue  to  Sixth  street ; thence  by  Sixth  street 
to  Second  avenue ; thence  by  Second  avenue  to  Eleventh 
street ; thence  by  Eleventh  street  to  First  avenue ; thence 
by  First  avenue  to  the  northern  boundary  line  of  the 
city  ; thence  by  said  boundary  line  to  Pigeon  creek  ; and 
thence  by  Pigeon  creek  to  the  place  of  beginning. 

The  Eighth  Ward  shall  consist  of  all  that  part  of  the 
city  situate  within  the  following  boundary  lines,  viz: 
Beginning  at  the  intersection  of  Sixth  street  and  Second 
avenue  ; and  running  thence  by  Sixth  street  and  across 
F.  W.  Brinkmeyer’s  Enlargement  to  the  western  line 
of  the  Northern  Enlargement ; thence  by  said  line  and 
the  Western  line  of  Halzgrafe’s  Enlargement  to  the 
northern  boundary  line  of  the  city;  thence  by  said  line 
to  its  intersection  with  Second  avenue ; thence  by  Second 
avenue  to  the  place  of  beginning. 

The  Ninth  Ward  shall  consist  of  all  that  part  of  the 
city  siiuate  withinathe  following  boundary  lines,  viz  : 
Beginning  at  the  intersection  of  the  western  line  of 
Holzgrafe’s  Enlargement  with  the  northern  boundary 
line  of  the  city ; and  running  thence  by  the  said  west 
line  of  Holzgrafe’s  Enlargement  and  the  west  line  of 

40 


314 


GENERAL  ORDINANCES 


the  Northern  Enlargement  to  Ann  street;  thence  by 
Ann  street  to  Ninth  street;  thence  by  Ninth  street  to 
Division  street ; thence  by  Division  street  to  Eighth 
street ; thence  by  Eighth  street  to  the  Canal ; thence  by 
the  Canal  to  the  eastern  boundary  line  of  the  city ; and 
thence  by  the  eastern  and  northern  boundary  lines  of 
the  city  to  the  place  of  beginning. 

WILLIAM  H.  WALKER,  Mayor, 
Attest : A,  M,  McGriff,  Clerk. 


AN  ORDINANCE  to  regulate  and  license  drays,  wagons,  carts,  hacks,  car- 
riages and  other  wheeled  vehicles  which  may  be  kept  in  the  city  of  Evans- 
ville to  be  hired  or  used  for  hire  or  reward. 

[Passed  July  26, 1859.] 

(Published  and  in  force  J uly  28,  1859.) 

1.  All  vehicles  to  be  numbered. 

2.  Vehicles  to  be  classified. 

3.  Vehicles  to  be  reported  and  license  paid. 

License,  how  issued ; metallic  plate  furnished. 

4.  Register,  how  kept,  and  what  it  shall  contain. 

5.  Plates  to  be  of  different  shapes,  and  changed  annually, 

6.  Sales  of  vehicles  to  be  reported  and  registered. 

7.  Price  of  license  of  first  class. 

8.  Price  of  license  of  second  class. 

9.  Price  of  license  of  third  class,  and  when  license  to  expire, 

10,  11, 12, 13, 14  and  15.  Penalty. 

16.  Repeal. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  from  and  after  the  passage  of 
this  ordinance,  every  dray,  wagon,  cart,  hack,  carriage 
or  other  wheeled  vehicle  which  may  be  kept  within 
said  city  to  be  hired  or  to  be  used  for  hire  or  reward, 
shall  be  numbered,  registered  and  licensed  according  to 
the  requirements  of  this  ordinance. 

Sec.  2.  The  vehicles  mentioned  in  the  first  section  of 
this  ordinance  shall  be  classified  as  follows,  to-wit : 
All  wagons  and  other  four-wheeled  vehicles  used  for 
the  transportation  of  freight  or  property,  shall  be  des- 
ignated as  Class  No.  1 ; all  carts,  drays  and  other  two- 


CITY  OF  EVANSVILLE. 


315 


wheeled  vehicles  used  for  the  transportation  of  freight 
or  property,  shall  he  designated  as  Class  No.  2 ; and  all 
two-horse  hacks,  carriages  and  other  wheeled  vehicles 
used  for  the  transportation  or  carriage  of  persons  or 
passengers,  shall  be  designated  as  Class  No.  3. 

Sec.  3.  It  shall  be  the  duty  of  the  owner,  keeper  or 
possessor  of  any  vehicle  contemplated  by  the  first  sec- 
tion of  this  ordinance,  to  report  the  same  to  the  City 
Clerk,  in  order  that  the  same  may  be  registered,  and  he 
shall  thereupon  pay  into  the  city  treasury  the  price  of 
a license  for  such  vehicle,  and  take  the  Treasurer’s 
receipt  therefor,  and  file  it  with  the  Clerk,  who  shall 
charge  the  Treasurer  with  the  amount  of  such  receipt, 
and  upon  the  filing  of  the  receipt,  the  Clerk  shall  make 
out  and  attest  a license  in  pursuance  of  such  receipt, 
which  license  shall  be  signed  by  the  Mayor,  and  sealed 
with  the  seal  of  the  city.  The  Clerk  shall  also  deliver 
to  the  person  applying  for  and  receiving  the  license, 
the  number  of  his  vehicle,  which  shall  be  painted  on  a 
metallic  plate,  which  plate  shall  be  attached  to  the 
vehicle  licensed,  in  some  conspicuous  part,  in  such  man- 
ner as  to  render  the  number  distinctly  visible.  Said 
license  shall  state  the  number  of  the  vehicle,  the  class 
to  which  it  belongs,  the  name  of  the  person  to  whom 
the  license  was  issued,  and  the  time  when  it  will  expire. 

Sec.  4.  The  Clerk  shall  keep  a register,  in  which  he 
shall  enter,  at  the  time  of  issuing  each  license,  the 
number  of  the  vehicle,  the  class  to  which  it  belongs, 
the  price  paid  for  the  license,  the  name  of  the  person 
to  whom  the  license  issues,'  and  the  time  when  it  will 
expire. 

Sec.  5.  The  metallic  plates  to  be  furnished  by  the 
Clerk  to  the  different  classes  of  vehicles  shall  be  differ- 
ent in  shape,  so  that  the  plates  furnished  for  one  class 
may  be  readily  distinguishable  from  those  furnished  for 
either  of  the  other  classes,  and  said  plates  shall  be 
changed  annually  on  the  first  Monday  of  August,  so 


316 


GENERAL  ORDINANCES 


that  the  plates  furnished  for  one  year  shall  not  be  used 
the  next  or  any  subsequent  year. 

Sec.  6.  Whenever  any  vehicle  contemplated  by  the  first 
section  of  this  ordinance  shall  be  sold  or  transferred,  it 
shall  be  the  duty  of  the  person  to  whom  it  is  sold  or  trans* 
ferred,  to  report  the  sale  or  transfer  to  the  Clerk,  who 
shall  note  the  transfer  in  the  register,  and  on  the  produc- 
tion of  the  license  issued  to  the  former  owner  or  possessor, 
shall  endorse  on  such  license  a memorandum  of  the  trans- 
fer, and  such  endorsement  shall  continue  the  license  in 
force  in  favor  of  the  transferee  until  the  expiration  thereof. 

Sec.  7.  The  price  of  a license  for  any  vehicle  of  Class 
No.  1 shall  be  one  dollar  for  one  month  or  any  shorter  pe- 
riod, three  dollars  for  any  period  exceeding  one  month 
and  not  exceeding  six  months,  and  five  dollars  for  any 
period  exceeding  six  months  and  not  exceeding  twelve 
months. 

Sec.  8.  The  price  of  a license  for  any  vehicle  of  Class 
No.  2 shall  be  one  dollar  for  one  month  or  any  shorter 
period,  three  dollars  for  any  period  exceeding  one  month 
and  not  exceeding  six  months,  and  five  dollars  for  any 
period  exceeding  six  months  and  not  exceeding  twelve 
months  : Provided , That  each  cart  shall  be  charged  one- 
half  the  above  rates.  * 

-Sec.  9.  The  price  of  a license  for  any  vehicle  of  Class 
No.  3 shall  be  as  follows,  to- wit:  For  an  omnibus,  six  dol- 
lars for  six  months  or  any  shorter  period,  and  ten  dollars 
for  any  period  exceeding  six  months  and  not  exceeding 
twelve  months;  for  a two-horse  hack  or  cab,  or  any  other 
vehicle  of  Class  No.  3,  four  dollars  for  six  months  or  any 
shorter  period,  and  seven  dollars  and  fifty  cents  for  any 
period  exceeding  six  months  and  not  exceeding  twelve 
months ; and  no  license  shall  be  granted  under  this  ordi- 
nance to  run  beyond  the  first  day  of  August  next  suc- 
ceeding the  issuing  thereof : Provided , however , That  li- 
censes may  be  taken  out  at  any  time  in  July,  to  commence 
and  take  effect  on  the  first  day  of  August  ensuing ; And 

-The  proviso  in  the  eighth  section  repealed.  See  post. 


CITY  OF  EVANSVILLE. 


317 


provided , also , That  the  provisions  of  this  ordinance  shall 
not  be  construed  to  embrace  or  include  buggies  and  other 
one-horse  vehicles  having  only  a single  seat  and  kept  by 
livery-stable  keepers  to  be  hired  out  and  used  for  trips  or 
journeys  out  of  the  city. 

Sec.  10.  Any  person  or  persons  who  shall  keep  or  use 
for  hire  or  reward  within  the  city  of  Evansville,  any  ve- 
hicle contemplated  by  the  first  section  of  this  ordinance, 
without  having  procured  a license  therefor  according  to 
the  requirements  of  this  ordinance,  shall  for  every  such 
offense  forfeit  and  pay  any  sum  not  less  than  five  dollars 
nor  more  than  twenty-five  dollars. 

Sec.  11,  Every  person  who  shall  fail  or  neglect  to  at- 
tach to  and  keep  upon  any  licensed  vehicle  contemplated 
by  this  ordinance  the  metallic  plate  which  may  be  fur- 
nished to  him  bv  the  Clerk,  so  that  the  number  of  such 
vehicle  may  be  conspicuously  visible,  shall  for  every  such 
offense  forfeit  and  pay  any  sum  not  less  than  three  dollars 
nor  more  than  ten  dollars. 

Sec.  12.  Any  person  or  persons  who  shall  purchase  or 
have  transferred  to  him  or  them  any  vehicle  licensed 
under  this  ordinance,  and  who  shall  keep  or  use  the 
same  for  hire  or  reward  within  the  city,  without  report- 
ing the  transfer  to  the  City  Clerk,  and  having  the  license 
which  may  have  been  issued  to  the  former  owner  or 
possessor  endorsed  as  required  by  this  ordinance,  shall 
for  every  such  offense  forfeit  and  pay  any  sum  not  less 
than  one  dollar  nor  more  than  five  dollars. 

Sec.  13.  Any  person  or  persons  owning  or  possessing 
any  vehicle  licensed  under  this  ordinance,  who  shall, 
after  the  first  day  of  August  in  any  year,  suffer  or  per- 
mit the  metallic  plate  of  the  previous  jear  to  remain 
upon  or  attached  to  such  vehicle,  shall  for  every  such 
offense  forfeit  and  pay  any  sum  not  less  than  three  dol- 
lars nor  more  than  ten  dollars. 

Sec.  14.  Any  person  or  persons  who  shall  remove  the 
metallic  plate  from  any  licensed  vehicle,  and  place  it  on 
an  unlicensed  vehicle,  shall  for  every  such  offense  for- 


318 


GENERAL  ORDINANCES 


feit  and  pay  any  sum  not  less  than  five  dollars  nor  more 
than  fifteen  dollars. 

Sec.  15.  Any  person  or  persons  who  shall  place  upon 
any  vehicle  requiring  a license  under  the  provisions  of 
this  ordinance,  a spurious  or  counterfeit  metallic  plate, 
shall  forfeit  and  pay  any  sum  not  less  than  ten  dollars 
nor  more  than  twenty-five  dollars. 

Sec.  16.  All  ordinances  to  regulate  and  license  ve- 
hicles heretofore  passed  and  now  in  force,  are  hereby 
repealed,  but  this  repeal  shall  not  invalidate  any  license 
heretofore  issued  under  such  ordinances,  and  all  offenses 
heretofore  committed  against  such  ordinances  may  be 
punished  as  if  this  ordinance  had  not  been  passed. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  supplemental  to  an  ordinance  passed  July  26,  1859,  enti- 
tled l,An  ordinance  to  regulate  and  license  drays,  wagons,  carts,  hacks, 
carriages  and  other  wheeled  vehicles  which  may  be  kept  in  the  city  of  Ev- 
ansville to  be  hired,  or  used  for  hire  or  reward. 

[Passed  September  20,  1859.] 

(Published  and  in  force  September  22, 1859.) 

1.  Price  of  cart  licenses. 

27“Alternate  cart  license,  how  issued. 

3.  Penalty. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  the  proviso  in  relation  to  the 
price  of  license  for  carts  contained  in  the  eighth  section 
of  said  ordinance  of  July  26,  1859,  be  and  the  same  is 
hereby  repealed;  and  hereafter  each  cart  or  other 
wheeled  vehicle  of ' Class  Ko.  2 shall  be  charged  for 
license  the  price  designated  in  the  body  of  said  eighth 
section. 

Sec  2.  Whenever  any  person  shall  have  taken  out  or 
shall  hereafter  take  out  a license  or  licenses  for  one  or 
more  drays,  such  person  may  obtain  a special  license  or 


CITY  OF  EVANSVILLE. 


319 


licenses  for  an  equal  number  of  carts,  by  paying  twen- 
ty-five cents  for  every  such  cart  license,  but  every  cart 
so  licensed  shall  be  designated  as  the  alternate  of  some 
particular  dray  owned  by  the  same  person,  the  number 
of  -which  dray  shall  be  designated  in  the  special  license 
of  such  cart,  and  such  special  license  shall  only  author- 
ize the  use  of  such  cart  when  and  during  such  times  as 
its  alternate  dray  shall  be  idle,  and  such  special  license 
of  such  cart  shall  expire  at  the  time  of  the  expiring  of 
the  license  of  such  alternate  dray. 

Sec.  3.  Any  person  who  shall  use,  or  suffer  or  permit 
to  be  used,  any  cart  for  which  such  special  license  shall 
have  been  obtained,  during  the  same  time  that  the 
alternate  dray  mentioned  in  such  special  license  shall 
be  employed  or  be  in  use,  shall  for  every  such  offense 
forfeit  and  pay  the  penalty  prescribed  by  the  tenth 
section  of  said  ordinance  of  July  26,  1859. 

W.  BAKER,  Mayor. 

Attest : P.  Burke,  Clerk. 


AN  ORDINANCE  to  provide  for  the  inspection  and  weighing  of  Cotton, 
and  appointment  of  an  Inspector  thereof. 

♦ 

[Passed  November  30,  1868.] 

1.  Appointment  of  Inspector  and  oath  of  office. 

2.  Duty  of  Inspector. 

Section  1.  Be  it  ordained  by  the  Common  Council  of  the 
City  of  Evansville , That  there  shall  be  appointed,  an- 
nually, in  May,  by  the  Common  Council  of  said  city, 
an  Inspector  of  Cotton,  who  shall  hold  his  office  for 
one  year,  and  until  his  successor  shall  be  appointed  and 
qualified,  and  who  shall,  before  entering  upon  the  duties 
of  his  said  office,  take  and  subscribe  an  oath  faithfullv, 
honestly  and  impartially  to  discharge  the  duties  of  his 
said  office  to  the  best  of  his  skill  and  ability,  which 


320 


GENERAL  ORDINANCES 


oath  shall  he  filed  in  the  office  of  the  City  Clerk,  who 
shall  preserve  the  same  on  the  files  of  said  office. 

Sec.  2.  That  it  shall  be  the  duty  of  the  Inspector  of 
Cotton  to  properly  inspect  and  weigh  each  bale  or  bag 
of  Cotton  upon  the  arrival  and  storage  of  the  same 
within  the  city  of  Evansville,  and  to  tare  and  mark  the 
weight  of  each  bale  or  bag  in  legible  figures,  where 
called  upon  and  requested,  by  the  owner  or  agent  thereof, 
to  do  the  same,  and  for  each  bale  or  bag  of  Cotton,  so 
inspected  by  such  Inspector  he  shall  be  allowed  a fee  of 
twenty-five  cents,  to  be  paid  by  the  owner,  agent  or 
consignee  thereof. 

Sec.  3.  This  ordinance  shall  take  effect  and  be  in  force 
from  and  after  its  passage. 

WILLIAM  II.  WALKER,  Mayor. 

Attest : A.  M.  McGriff,  Clerk. 


-A-iPiPEiNriDrx:  b : 


Containing  the  names  of  the  officers  of  the  Town  (now 
City)  of  Evansville,  from  its  commencement  as  a cor- 
poration until  the  year  1870-71,  and  other  statistics. 


TOWN  OF  EVANSVILLE. 

The  first  meeting  of  the  Board  of  Trustees  of  the  Town 
of  Evansville,  was  held  on  Saturday,  the  20th  day  of 
March,  A.  D.  1819. 

OFFICERS  OF  THE  CORPORATION. 

Trustees . — Hugh  McGary,  President ; Isaac  Fairchild, 
Everton  Kennedy,  Alfred  O.  Warner,  and  Francis  J. 
Bentley. 

Elisha  Harrison,  Secretary  and  Lister;  John  Conner, 
Treasurer;  Alpheus  Fairchild,  Collector. 

Amount  of  taxes  assessed  for  1819,  $191  28f. 

Extract  from  the  minutes  of  March  20th,  1819  : 

Ordered  that  the  following  property  be,  and  the  same 
is,  hereby  considered  subject  to  taxation  for  corporation 
purposes,  and  the  lister  of  said  corporation  is  hereby  re- 
quired to  list  and  make  a return  of  the  same  to  this 
Board  within  forty  days,  to- wit:  real  property  in  said 
corporation,  qualified  voters  for  Trustees  in  said  corpora- 
tion, taverns,  stores,  groceries,  grog-shops,  ware-houses, 
drays,  wagons,  carriages  of  two  wheels  and  upwards , carts, 
horses,  ferries,  and  bound  or  hired  servants  of  color* 

41 


322 


APPENDIX  B. 


1820. — March  14th. 

Trustees. — John  M.  Dunham,  President;  Daniel  F. 
Goldsmith,  Presley  Pritchett,  William  MilL,  Jr.,  and  John 
G.  Chandler. 

James  A.  Boiss,  Secretary;  Alanson  Warner,  Treas- 
urer; George  W.  Lindsay,  Collector. 

There  was  no  record  kept  from  June  13,  1820,  until 
March  13,  1822. 

1822.  — March  13  th. 

Trustees  .--Robert  M.  Evans,  President;  Robert  Arm- 
strong, James  Newman,  Joshua  V.  Robinson,  and  Amos 
Clark. 

John  W.  Shaw,  Secretary  ; Daniel  Avery,  Jr.,  Treas- 
urer ; Alanson  Warner,  Collector. 

Amount  of  taxes  assessed  for  1822,  $238  27-J. 

Clerk’s  salary,  $20  ; Treasurer’s  salary  $5  ; Asses- 
sor’s salary,  $3. 

1823.  — March  18th. 

Trustees, — Robert  M.  Evans,  President ; John  W. 
Shaw,  William  W.  Vernon,  Amos  Clark,  and  Joshua  V4 
Robinson. 

Daniel  Chute,  Secretary  ; Robert  M.  Evans,  Treas- 
urer ; Nathan  Rowley,  Collector. 

Amount  of  taxes  assessed  for  1823,  $246  81. 

Extract  from  the  minutes,  1823,  July  11  : 

u Ordered,  that  the  ordinance  prohibiting  the  firing 
of  guns  in  the  town  of  Evansville  be  suspended  for  thirty 
days ; Provided , That  nothing  herein  contained  shall 
justify  any  person  in  shooting  except  at  dogs.” 

1824.  — March  20th. 

Trustees. — Amos  Clark,  President ; Charles  I.  Battell, 
Harley  B.  Chandler,  Nathan  Rowley,  and  Joshua  V. 
Robinson. 

Joshua  V.  Robinson,  Secretary  ; John  Conner,  Col- 
lector. 

Valuation  of  real  estate  for  1824  : 


APPENDIX  B. 


328 


Original  Plan $21,681  00 

Donation  Enlargement 2,115  06 

Upper  Enlargement 2,690  00 

Lower  Enlargement 848  00 


Total $27,734  00 


From  March  12,  1825,  until  January  28th,  1828,  there 
was  but  one  meeting  of  the  Board  of  Trustees,  viz  : on 
the  14th  of  November,  1825, 

1828.  — March  20th. 

Trustees. — John  Shanklin,  President ; John  Conner, 
Alanson  Warner,  Jav  Morehouse  and  William  Lewis. 

Jay  Morehouse,  Secretary;  John  Conner,  Treasurer; 
John  B.  Stinson,  Collector;  Horace  Dunham,  Lister. 
Amount  of  taxes  assessed  for  1828,  $107  28'J. 

1829. — June  8th. 

Trustees. — John  Shanklin,  President;  John  Conner, 
William  Lewis,  Alanson  Warner*  and  Jay  Morehouse. f 
*1829. — June  80th. — John  B.  Stinson  elected  Trus- 
tee in  the  room,  of  Alanson  Warner,  resigned. 

fl829. — August  5th. — Alexander  Johnson  elected 
Trustee  in  the  room  of  Jay  Morehouse,  resigned. 

Jay  Morehouse,  Secretary ; A.  M.  Phelps,  Collector. 
Amount  of  taxes  assessed  for  1829,  $149  70f. 

1830. — April  1st. 

Trustees. — John  Shanklin,  President;  Alexander 
Johnson,  John  B.  Stinson,  William  Lewis*  and  John 
Conner.*)* 

*1830. — May  13th.— Samuel  Mansell  elected  Trustee 
in  the  room  of  William  Lewis,  resigned. 

fl830. — May  13th. — Nathan  Rowley  elected  Trustee 
in  the  room  of  John  Conner,  resigned. 

Nathan  Rowley,  Secretary;  Alexander  Johnson 
Treasurer  ; Alexander  M.  Barnes,  Collector. 

Amount  of  taxes  assessed  for  1830,  $155  15. 

1831.  — May  16th. 

Trustees. — Alanson  Warner,  President ; Alexander 
Johnson,  Silas  Stephens  and  Nathan  Rowley — one 
vacancy. 


324 


APPENDIX  B. 


Nathan  Rowley,  Secretary;  Edward  Hopkins,  Col- 
lector; Alexander  Johnson,  Treasurer. 

Amount  of  taxes  assessed  for  1831,  §116  27J. 

1832.  — J une  4th. 

Trustees . — Alanson  Warner,  President ; Alexander 
Johnson,  Silas  Stephens,  John  Mitchell  and  W.  T.  T. 
Jones. 

W.  T.  T.  Jones,  Secretary;  Alanson  Warner,  Treas- 
urer; Edward  Hopkins,  Collector;  Richard  Jenkins, 
Harbor  Master. 

1833.  — March  16th. 

Trustees. — Nathan  Rowley,  President ; Silas  Ste- 
phens, Francis  Amory,  John  Lockwood  and  Marcus 
Sherwood. 

Francis  Amory,  Secretary;  John  M.  Lockwmod, 
Treasurer ; Edward  Hopkins,  Collector. 

Amount  of  taxes  assessed  for  1833,  §179  32. 

1834.  — March  19  th. 

Trustees. — John  M.  Lockwood,  President ; William 
Trafton,  John  Mitchell,  A.  P.  Hutchinson  and  Francis 
Amory. 

Francis  Amory,  Secretary  ; Horace  Dunham,  Treas- 
urer; Joseph  Neely,  Collector. 

1835. — May  22d. 

Trustees. — Amos  Clark,  President;  Alanson  War- 
ner, James  Cawson,  William  M.  Walker  and  Marcus 
Sherwood. 

Janies  Cawson,  Clerk;  Nathan  Rowley,  Treasurer  ; 
Thomas  Jefferson  Ham,  Collector  ; James  Lockhart, 
Surveyor. 

Amount  of  taxes  assessed  for  1835,  §471  67J. 

1836.  — June  10th. 

Trustees. — Amos  Clark,  President;  William*  Mc- 
Knitt,  1st  ward;  James  Lockhart,  2nd  ward;  John  M. 
Lockwood,*  3rd  ward;  Edward  Hopkins,  4th  ward; 
Amos  Clark,  5th  ward. 


APPENDIX  B. 


325 


*1836, — August  15th. — A.  P.  Hutchinson  appointed 
Trustee  for  the  3rd  ward,  in  the  room  of  John  M.  Lock- 
wood,  resigned. 

James  Lockhart,  Clerk ; Nathan  Rowley,  Treasurer ; 
Isaac  Hutchinson,  Collector. 

Amount  of  taxes  assessed  for  1836,  $1,208  81J. 
1837. — June  7th. 

Trustees . — Robert  M.  Evans,  President ; James 
Lockhart,f  1st  ward ; Robert  M.  Evans,  2d  ward ; Wil- 
liam Walker,*  3rd  ward;  Edward  Hopkins,  4th  ward; 
Abraham  B,  Coleman, J 5th  ward. 

*April  7th,  1838. — John  Douglas,  appointed  Trustee 
for  the  3rd  ward,  in  the  room  of  William  Walker,  re- 
signed. 

f April  10th,  1838. — Thomas  F.  Stockwell  appointed 
Trustee  for  the  1st  ward,  in  the  room  of  James  Lock- 
hart, resigned. 

JApril  10th,  1838. — Francis  Amory  appointed  Trus- 
tee for  the  5th  ward,  in  the  room  of  A.  B.  Coleman,  re- 
signed. 

Joseph  Bowles,  Clerk;  James  Cawson,  Treasurer; 
John  S.  Hopkins,  Collector ; Amos  Clark,  Attorney. 

Value  of  real  and  personal  property  assessed  in 
1837,  $863,675  00. 

Amount  of  taxes  assessed  in  1837,  viz : 


General  levy 82,261  48% 

Special  levy 1,004  43 

Total 83,266  06% 


1838. — June  8th. 

Trustees . — Alanson  Warner,  President;  Abraham 
B.  Coleman,  1st  ward;  Alanson  Warner,  2nd  ward; 
John  Douglass,  3rd  ward;  Jerome  B.  Lanphear,  4th 
ward;  George  B.  Walker,  5th  ward. 

Joseph  Bowles,  Clerk,  until  October  2nd,  1838. 

Benjamin  F.  Dupuy,  Clerk,  after  October  2nd,  1838. 

Joseph  Bowles,  Assessor;  James  Cawson,  Treas- 
urer; Joseph  Bowles,  Collector;  H.  P.  Woodward,  Sur- 
veyor. 


326 


APPENDIX  B. 


Census,  April  24th,  1838: 

Whites,  males  567,  females  621 1,188 

Blacks,  males  24,  females  16 40 

Total  population 1,228 


Yalue  of  real  and  personal  property  assessed  in  1838, 
$928,725. 

Amount  of  taxes  assessed  for  1838,  $3,  219  75. 

1839. — June  5th. 

Trustees. — Alanson  Warner,  President;  Abraham 
B.  Coleman,  1st  ward;  Alanson  Warner,  2nd  ward; 
John  Douglass,  3rd  ward;  Henry  C.  Gwathmey,  4th 
ward;  Dr.  George  B.  Walker,  5th  ward. 

Benjamin  F.  Dupuy,  Clerk;  Benjamin  F.  Dupuy? 
Assessor;  James  Cawson,  Treasurer;  Mason  O.  New- 
man,  Collector  until  June  12th,  1839;  Edward  Hopkins, 


Collector  after  June  12th,  1839. 

Value  of  real  estate  assessed  in  1839 $654,829  00 

Value  of  personal  estate  assessed  in  1839 185,125  00 

Total $839,954  00 


Amount  of  taxes  assessed  in  1839,  $2,099  88 

1840. — June  2nd. 

Trustees. — John  Mitchell,  President  until  June  22nd, 
1840. 

„ Nathan  Rowle}^  President  after  June  22nd,  1840. 

John  S.  Hopkins,  1st  ward;  Marcus  Sherwood, 
2nd  ward;  John  Mitchell,  3rd  ward  ; Frederick  E.  Good- 
sell,  4th  ward;  Nathan  Rowley,  5th  ward. 

Benjamin  F.  Dupuy,  Clerk;  Benjamin  F.  Dupuy, 
Assessor;  James  Cawson,  Treasurer;  Benjamin  F.  Du- 
puy, Collector;  W.  T.  T.  Jones  and  James  G.  Jones? 
Attorneys;  Thomas  Gedney,  Marshal. 


Value  of  real  estate  assessed  in  1840 $599,296  00 

Value  of  personal  estate  assessed  in  1840 245,310  00 

Total $814,606,00 


Amount  of  taxes  assessed  in  1840,  $4,065  93, 
Number  of  inhabitants  in  1840,  2,121, 

1841. — June  11th. 


APPENDIX  B. 


327 


Trustees . — G.  M.  Griffith,  President  until  July  10th 

1841. 

Nathan  Rowley,  President  after  July  10th,  1841. 

William  M.  Walker,  1st  ward;  Willard  Carpenter, 
2nd  ward;  C.  M.  Griffith,*  3rd  ward;  Frederick  E. 
Goodsell,  4th  ward;  Nathan  Rowley,  5th  ward. 

*1841,  November  13th. — John  Mitchell  appointed 
Trustee  for  the  3rd  ward,  in  the  room  of  C.  M.  Griffith, 
resigned. 

Frederick  E.  Goodsell,  Clerk;  Benjamin  F.  Dupuy, 
Assessor;  Nathan  Rowley,  Treasurer;  Thomas  Gedney, 
Collector;  Thomas  Gedney,  Marshal;  William  M.  Wal- 


ker, Surveyor. 

Value  of  real  estate  assessed  in  1841 $561,675  00 

Value  of  personal  estate  assessed  in  1841 164,900  00 


Total $726,575  00 


Amount  of  taxes  assessed  in  1841,  $3,051  07. 

1842. — June  7th. 

Trustees. — William  M.  Walker,  President;  Wil- 
liam M.  Walker,  1st  ward;  Jacob  Hunnel,  2nd  ward; 
Thomas  F.  Stockweli,  3rd  ward  ; Samuel  Orr,  4th  ward; 
John  M.  Stockweli,*  5th  ward. 

*1842,  October  15th. — Lewis  Howes  appointed  Trus- 
tee for  the  5th  ward,  in  the  room  of  John  M.  Stock- 
well,  resigned. 

John  M.  Stockweli,  Clerk;  Benjamin  F.  Dupuy, 
Assessor;  Samuel  Orr,  Treasurer;  James  T.  Walker, 
Collector;  Conrad  Baker,  Attorney ; William  M.  Wal- 
ker, Surveyor. 

Yalue  of  real  and  personal  property  assessed  in 

1842,  $542,811  00. 

Amount  of  taxes  assessed  in  1842,  $1,843  11. 

1843.  — June  6th. 

Trustees. — William  M.  Walker,  President  until 
August  26th,  1843. 

John  Henson,  President  after  August  26th,  1843. 
William  W.  Walker  1st  ward;  Jacob  Hunnel, 
2nd  ward;  Yarner  Satterlee,  3rd  ward;  John  Hen- 


828 


APPENDIX  B. 


son,  4th  ward ; Lewis  Howes,  5th  ward;  Thomas  M. 
Archer,  6th  ward. 

John  M.  Stockwell,  Clerk ; Kichard  Jenkins,  As- 
sessor; Samuel  Orr,  Treasurer ; James  T.  Walker  Col- 
lector; Conrad  Baker,  Attorney;  James  T.  Walker, 
Marshal ; William  M.  Walker,  Surveyor. 

Value  of  real  and  personal  property  assessed  in 

1843,  $552,900  00. 

Amount  of  Taxes  assessed  in  1843,  $1,935  25. 

1844.  — June  4th. 

Trustees . — Samuel  Orr,  President ; William  M.  Walker? 
1st  ward  ; Jacob  Hunnel,  2nd  ward;  Varner  Satterlee, 
3rd  ward;  Stephen  Childs,  4th  ward  ; Joseph  P.  Elliott, 
5th  ward;  Samuel  Orr,  6th  ward. 

John  M.  Stockwell,  Clerk  until  October  19th  1844. 
John  H.  Kikendall,  Clerk  after  October  19th,  1844* 
Horace  Dunham,  Assessor;  Samuel  Orr,  Treasurer? 
Thomas  M.  Archer,  Collector;  John  H.  Kikendall, 
Attorney;  Thomas  M.  Archer,  Marshal;  William  M- 
Walker,  Surveyor. 

Value  of  real  and  personal  property  assessed  in 

1844,  $555,200  00. 

Amount  of  taxes  assessed  in  1844,  $1,  323  24. 

1845.  — June  3rd. 

Trustees . — James  Laughlin,  Jr.,  President;  John 
M.  Stockwell,  1st  ward;  Jacob  Hunnel,  2nd  ward; 
John  Mitchell,  3rd  ward;  John  J.  Chandler,  4th  ward; 
Lewis  Howes,  5th  ward ; James  Laughlin,  Jr.,  6th  ward. 

John  H.  Kikendall,  Clerk;  Z.  B.  Aydelott,  Asses- 
sor; James  Laughlin,  Jr.,  Treasurer;  George  W. 
Amory,  Collector;  John  H.  Kikendall,  Attorney; 
George  W.  Amory,  Marshal;  William  M.  Walker,  Sur- 
veyor. 


Value  of  real  estate  assessed  in  1845 8387.882  00 

Valu^  of  personal  estate  assessed  in  1845 99,565  00 

Total 8487,447  00 


* 

Amount  of  taxes  assessed  in  1845,  $3,530  22. 


APPENDIX  B. 


329 


1846.— June  3rd. 

Trustees—  John  M.  Stockwell,  President ; John  M. 
Stockwell,  1st  ward  ; James  G,  Jones,  2nd  ward  ; Joseph 
P.  Elliott,  3rd  ward  ; John  J.  Chandler,  4th  ward  ; Lewis 
Howes,  5th  ward;  John  Onyett,  6th  ward. 

John  J.  Chandler,  Clerk  ; Thomas  E.  Garvin,  Asses- 
sor ; Samuel  Orr,  Treasurer ; Thomas  M.  Archer,  Col- 
lector; James  E.  Blythe,  Attorney  ; William  M.  Walker, 


Surveyor. 

Value  of  real  estate  assessed  in  1846 $547,476  00 

Value  of  personal  estate  assessed  in  1846 270,585  00 

Total. $818, 06L  00 


Amount  of  taxes  assessed  for  1846,  $3,386  89. 


' CITY  OF  EVANSVILLE. 

INCORPORATED  JANUARY  27TH,  A.  D.  1847. 

The  first  meeting  of  the  Common  Council  of  the 
City  of  Evansville  was  held  April  12.th,  1847. 

James  G.  Jones,  Mayor. 

Councilmen — L.  L.  Laycock,  1st  ward  ; Silas  Steph- 
ens, 2nd  ward;  Willard  Carpenter,  3rd  ward;  C.  M. 
Griffith,*  4th  ward ; L.  Howes,  5th  ward ; John  Hewson, 
6 th  ward. 

*1847,  Julv  24th. — Thomas  Scantlin  elected  Coun- 
oilman  of  the  4th  ward,  in  the  room  of  C.  M.  Griffith, 
resigned. 

John  J.  Chandler,  Clerk;  Wm.  Bell,  Assessor;  Samuel 
Orr,  Treasurer ; Wm.  Bell,  Collector;  James  E,  Blythe, 
Attorney;  Wm.  Bell,  Marshal;  Wm.  M.  Walker,  Sur- 
veyor. 

Value  of  real  and  personal  property  assessed  in 
1847,  $901,324  00. 

Amount  of  taxes  assessed  for  1847,  $3,319  97. 


42 


330 


APPENDIX  B. 


1848,  March  7th. — Agreement  made  with  John 
Mitchell,  Marcus  Sherwood  and  Moses  Ross  for  the  con- 
struction of  the  city  wharf. 

1848. — April  8th. 

James  G.  Jones,  Mayor. 

Councilmen — J.  M.  Stockwell*  1st  ward;  Silas 
Stephens,  2nd  ward;  Willard  Carpenter,  3rd  ward;  M. 
W.  Foster,  4th  ward;  Isaac  Hutchinson,  5th  ward;  Steph- 
en Childs, f 6th  ward. 

^August  14th,  1848. — James  Steele  elected  Council- 
man of  the  1st  ward,  in  the  room  of  J.  M.  Stock  well, 
resigned. 

j-January  13th,  1849. — John  Hewson  elected  Council- 
man of  the  6th  ward,  in  the  room  of  Stephen  Childs,  re- 
signed. 

John  J.  Chandler,  Clerk;  William  Bell,  Assessor? 
Samuel  Orr,  Treasurer;  William  Bell,  Collector;  John 
J.  Chandler,  Attorney;  William  Bell,  Marshal;  William 
M.  Walker,  Surveyor;  P.  G.  O’Riley,  Wharf-master; 
W.  H.  Chandler,  Chief  Director  of  the  Fire  Depart- 


ment. 

Value  of  real  estate  assessed  in  1848 $663,930  00 

Value  of  personal  estate  assessed  in  1848 397,560  00 

Total i $1,061,490  00 


Amount  of  taxes  assessed  for  1848,  §3,623  97. 

1849. — April  7th. 

James  G.  Jones,  Mayor. 

Councilmen  — James  Steel,  1st  ward;  Conrad  Ba- 
ker, 2nd  ward ; Joseph  P.  Elliott,  3rd  ward ; Philip 
Decker,  4th  ward;  Crawford  Bell,  5th  ward;  John 
Hewson,  6th  ward. 

John  J.  Chandler,  Clerk;  William  Bell,  Assessor; 
Samuel  Orr,  Treasurer;  William  Bell,  Collector;  John 
J.  Chandler,  Attorney;  William  Bell,  Marshal;  Wil- 
liam M.  Walker,  Surveyor;  P.  G.  O’Riley,  Wharf-master. 

Value  of  real  and  personal  property  assessed  in 
1849,  §1,347,000  00. 


APPENDIX  B. 


331 


Amount  of  taxes  assessed  for  1849,  $6,139  00. 

1850. — April  6th. 

James  G.  Jones,  Major. 

Councilmen — Reuben  B.  Hart,  1st  ward;  John  B. 
Hannah,*  2nd  ward;  William  Hunnel,  3rd  ward;  Joseph 
P.  Elliott, f 4th  ward ; Philip  Decker,  5th  ward ; John 
T.  Walker,  6th  ward;  John  Henson,  7th  ward;  Bayles 
Bennett,  8th  ward. 

^December  7th,  1850. — James  M.  Parvin  elected 
Councilman  of  the  2nd  ward,  in  the  room  of  John  B. 
Hannah,  resigned. 

fDecember  7th,  1850. — Thomas  E.  Garvin  elected 
Councilman  of  the  4th  ward,  in  the  room  of  J.  P. 
Elliott,  resigned. 

John  J.  Chandler,  Clerk;  William  Bell,  Assessor; 
Soren  Sorenson,  Treasurer;  William  Bell,  Collector; 
John  J.  Chandler,  Attorney;  John  S.  Gavitt,  Marshal; 
William  M.  Walker,  Surveyor  until  June  22nd,  1850; 
P.  H.  Woodard,  Surveyor  after  June  22nd,  1850;  P.  G. 
O’Riley,  Wharf-master  until  January  1st,  1851;  John 
E.  Taylor,  Wharf-master  after  January  1st,  1851. 

Value  of  real  and  personal  property  assessed  in 

1850,  $1,692,997  00. 

Amount  of  taxes  assessed  in  1850,  $7,279  80. 

1851.  — April  12th. 

James  G.  Jones,  Mayor. 

Councilmen — Crawford  Bell,*  1st  ward;  Thomas 
Scantling  2nd  ward;  Silas  Stephens,  3rd  ward;  Allen 
C.  Hallock,  4th  ward ; M.  Gavisk,  5th  ward ; Matthias 
Stohlhoefer,  6th  ward;  JohnHewson,  7th  ward;  Charles 
Harrington,  8th  ward. 

*August  30th,  1851. — Joseph  P.  Elliottf  elected 
Councilman  of  the  5th  ward,  in  the  room  of  Crawford 
Bell,  resigned. 

fEovember  22nd,  1851. — John  S.  Hopkins  elected 
Councilman  of  the  3rd  ward,  in  the  room  of  Joseph  P. 
Elliott,  resigned. 


332 


APPENDIX  B. 


^September  27th,  1851. — John  M.  App  elected  Coun- 
cilman of  the  2nd  ward,  in  the  room  of  Thomas  Scantlin, 
resigned. 

John  J.  Chandler,  Clerk;  William  Bell,  Assessor; 
Soren  Sorenson,  Treasurer;  William  Bell,  Collector; 
John  J.  Chandler,  Attorney;  Joel  F.  Sherwood,  Mar- 
shal until  August  30th,  1851;  George  W.  Glover,  Mar- 
shal after  August  30th,  1851 ; P.  H.  Woodard,  Surveyor ; 
JohnE.  Taylor,  Wharf-master;  Nathan  Rowley,  Record- 
er until  August  17th,  1851 ; George  H.  Todd,  Recorder 
after  August  17th,  1851. 

Value  of  real  and  personal  property  assessed  in 

1851,  $1,907,632  00. 

Amount  of  taxes  assessed  for  1851,  $11,455  80. 

1852.  — April  10th. 

James  G.  Jones,  Mayor. 

Councilrnen — John  S.  Hopkins,  1st  ward;  John  M. 
App,  2nd  ward ; Silas  Stephens,  3rd  ward ; E.  H.  De 
Garun, , rd;  Richard  Raleigh,  5th  ward;  Matthias 

Stohlhoefer,*  6th  ward;  John  Hewson,  7th  ward;  Wil- 
liam Heilman,  8th  ward. 

*July  30th,  1852. — Philip  Decker  elected  Council- 
man of  the  6th  ward,  in  the  room  of  Matthias  Stohl- 
hoefor,  deceased. 

John  J.  Chandler,  Clerk ; George  W.  Glover,  As- 
sessor ; Soren  Sorenson,  Treasurer ; William  Hughes, 
Collector;  John  J.  Chandler,  Attorney;  George  W. 
Glover,  Marshal ; P.  H.  Woodard,  Surveyor;  John  E. 
Taylor,  Wharf-master;  John  F.  Crisp,  Recorder. 

Value  of  real  and  personal  property  assessed  for 

1852,  $2,056,160  00. 

Amount  of  taxes  assessed  in  1852,  $16,564  20. 

1853.  — April  9th. 

John  S.  Hopkins,  Mayor. 

Councilrnen — Allen  C.  Hallock,  1st  ward;  Francis 
A.  Linck,  2nd  ward;  James  Laughlin,  Jr.,  3rd  ward ; E. 


APPENDIX  B. 


333 


H.  De  Garmo,  4th  ward ; Richard  Raleigh  * 5th  ward ; 
..Philip  Decker,  6th  ward;  John  Hewson,  7th  ward;  Boyd 
Bullock,  8th  ward;  John  Farrell, f 9th  ward;  William 
Hunnel,  10i,h  ward. 

#November  26th,  1853. — Dr.  D.  A.  Farnsley  elected 
Councilman  of  the  5th  ward,  in  the  room  of  R,  Raleigh, 
resigned. 

•(■September  24th,  1853. — Reuben  B,  Hart  elected 
Councilman  of  the  9th  ward,  in  the  room  of  John  Farrell, 
resigned. 

George  H.  Todd,  Clerk;  George  W.  Glover,  Asses- 
sor; Soren  Sorenson,  Treasurer ; William  Bell,  Collector; 
Conrad  Baker,  Attorney;  John  Ward,  Marshal;  P.  H. 
Woodard,  Surveyor  ; John  E.  Taylor,  Wharf* master  until 
September  1st,  1853,  P,  G.  O’Riley,  Wharf-master  after 
September  1st,  1853  ; John  F.  Crisp,  Recorder. 

Value  of  real  and  personal  property  assessed  in  1853, 
$2,537,965  00. 

Amount  ot  taxes  assessed  in  1853,  $29,799 

1854. — April  8th. 

John  S.  Hopkins,  Mayor. 

Councilmen — James  Steele,  1st  ward;  Francis  A. 
Linck,*  2nd  ward  ; Silas  Stephens,  3rd  ward  ; Joseph  P. 
Elliott,  4th  ward  ; H.  J.  Hart,  5th  ward  ; Philip  Decker, 
6th  ward  ; James  Roquet,  7th  ward ; Henry  D.  Allis,  8th 
ward ; Richard  Raleigh,  9th  ward  ; William  Hunnel, 
10th  ward  ; Michael  Muentzer,  11th  ward, 

^September  13th,  1854. — James  Scantlin,  Jr.,  elected 
Councilman  of  the  2nd  ward,  in  the  room  of  F.  A.  Linck, 
deceased, 

George  H.  Todd,  Clerk  ; John  J,  Marlett,  Assessor ; 
Soren  Sorenson,  Treasurer;  John  Farrell,  Collector 
Conrad  Baker,  Attorney;  John  Ward,  Marshal,  P.  H. 
Woodard,  Surveyor;  P.  G.  O’Riley,  Wharf-master;  John 
F.  Crisp,  Recorder. 


334 


APPENDIX  B. 


Value  of  property  assessed  in  1854  : 

Real  estate „ $1,635,948  50 

Improvements 458,915  00 

Personals 515,748  00 

m ■ — - 

Total $2,610,611  50 

Amount  of  taxes  assessed  in  1854,  $37,331  83. 

1855. — April  6th. 

John  S.  Hopkins,  Mayor. 

Councilmen — James  Steele,  1st  ward  ; James  Scant- 
lin,  Jr.,  2nd  ward  ; Silas  Stephens,  3rd  ward;  Joseph  F. 
Elliott,  4th  ward ; Christian  Hedderich,  5th  ward;  Jacob 
Kron,  6th  ward;  James  Roquet,  7th  ward;  Christian 
Kratz,  8th  ward;  Adin  C.  Pushee,  9th  ward;  William 
Hunnel,  10th  ward;  Michael  Muentzer,  11th  ward. 

Wellman  H.  Walker,  Clerk;  James  Spaulding,  As- 
sessor; Soren  Sorenson,  Treasurer;  John  Farrell,  Col- 
lector; Conrad  Baker,  Attorney;  Peter  Burke,  Marshal; 
James  D.  Saunders,  Surveyor;  P.  G.  O’Riley,  Wharf- 
master  ; John  F.  Crisp,  Recorder. 

Value  of  property  assessed  in  1855  : 

Real  estate $1,803,679  00 

Improvements 364,905  00 

Personals 839,900  00 

Total $3,008,484  00 

Amount  of  taxes  assessed  for  1855,  $33,582  85. 

1856.  — April  12th. 

John  Hewson,  Mayor. 

Councilmen — Matthew  W.  Foster,  1st  ward  ; James 
Scantlin,  Jr.,  2nd  ward;  George  W.  Rathbone,  3rd 
ward;  Varner  Satterlee,  4 th  ward  ; Frederick  W.  Cook, 
5th  ward;  Samuel  Orr,  6th  ward;  Joseph  Setchell,  7th 
ward;  George  Venneman,  8th  ward  ; Fielding  Johnson, 
9th  ward;  William  Hunnel,  10th  ward;  Dennis  Kin- 
ney, 11th  ward. 

Wellman  H.  Walker,  Clerk;  James  Spaulding, 
Assessor;  Soren  Sorenson,  Treasurer;  John  Wesley 
Hughes,  Collector;  Conrad  Baker,  Attorney;  James 


APPENDIX  B. 


335 


B.  Evans,  Marshal ; James  D.  Saunders,  Surveyor  ; P. 
G.  O’Rilejr,  Wharf-master  ; Bracket  Mills,  Recorder. 

Value  of  property  assessed  for  1856  : 

Real  estate $1,823,375  00 

Improvements 417,010  00 

Personals 945,776  00 

Total ...$3,186,161  00 

Amount  of  taxes  assessed  for  1856,  $43,353  94. 

1857. — April  9th. 

John  IIewson,  Mayor. 

Councilmen — Matthew  W.  Foster,*  1st  ward;  James 
Scantlin,  Jr.,  2nd  ward;  William  E.  French,  3rd  ward; 
Joseph  P.  Elliott,  4th  ward  ; Christian  Hedderich,  5th 
ward;  M.  Mclnnerney,  6th  ward;  Joseph  Setchell,  7th 
ward  ; William  In  wood,  8th  ward  ; Bernard  Hurre,  9 th 
ward;  William  Hunnel,  10th  ward  ; Michael  Muentzer, 
11th  ward;  Francis  D.  Allen,  12th  ward;  Dr.  Matthew 
Muhlhausen,  13th  ward  ; Henry  Schmutte,  14th  ward  : 
Victor  Bisch,  15th  ward  ; William  Warren,  16th  ward  ; 
Peter  Sharpe,  17th  ward ; Archibald  G.  Sullivan,  18th 
ward ; Thomas  Redmond, f 19th  ward. 

^November  10th,  1857. — John  S.  Hopkins  elected 
Councilman  of  the  1st  ward,  in  the  room  of  M.  W. 
Foster,  resigned. 

f August  8th,  1857. — Patrick  Dolan  elected  Coun- 
cilman in  the  19th  ward,  in  the  room  of  Thomas  Red- 
mond, resigned. 

Wellman  H.  Walker,  Clerk;  Patrick  Burke,  As- 
sessor; Soren  Sorenson,  Treasurer;  George  Wolflin, 
Collector;  Conrad  Baker,  Attorney;  Edward  S.  Mar- 
tin, Marshal;  James  D.  Saunders,  Surveyor;  P.  G. 
O’Riley,  Wharf-master;  Bracket  Mills,  Recorder. 

Value  of  property  assessed  for  1857  : 


Lots.  Improvements.  Personals.  Total. 

Evansville $1,827,762  00  $524,725  00  $954,463  00  $3,306,950  00 

Lamasco 798,320  00  179,625  00  114,145  00  1,092,090  0.0 


Grand  total $4,399,040  00 


336 


APPENDIX  B. 


Amount  of  taxes  assessed  for  1857  : 

Evansville $45,558  98 

Lamasco . . 12,726  23 

Total $58,285  21 

1858.  — April  10th. 

John  Hewson,  Mayor. 

Councilmen — John  S.  Hopkins,  1st  ward;  Dr. 
Hugh  Ronalds,  2nd  ward  ; William  Hubbell,  3rd  ward  ; 
Joseph  P.  Elliott,  4th  ward  ; William  Emery,  5th  ward; 
Thomas  Redmond,  6th  ward;  Joseph  Setchell,  7th 
ward  ; Christian  Miller,  8th  ward  ; Reuben  B.  Hart,  9th 
ward;  William  Hunnel,  10th  ward;  Michael  Muentzer, 
11th  ward ; John  S.  Gavitt,  12th  ward  ; John  A.  Reitz, 
13th  ward ; Henry  Schmutte,  14th  ward ; Andrew  J. 
Hutcheson,  15th  ward ; Barney  Cody,  16th  ward  ; Peter 
Sharpe,  17th  ward;  Archibald  G.  Sullivan,  18th  ward  ; 
Herman  AVayland,  19th  ward. 

Augustus  Lemcke,  Clerk;  Patrick  Burke,  Asses- 
sor; Soren  Sorenson,  Treasurer;  George  Wolflin,  Col- 
lector ; Conrad  Baker,  Attorney;  Edward  S.  Martin, 
Marshal ; James  D.  Saunders,  Surveyor ; P.  G.  O’Riley, 
Wharf-master  ; Bracket  Mills,  Recorder. 

Value  of  property  assessed  for  1858  : 

Lots.  Improvements.  Personals.  Total. 

Evansville $1,504,937  00  $753,465  00  $1,070,705  00  $3,329,107  00 

Lamasco 646,062  00  217,620  00  177,245  00  1,040,927  00 

Grand  total $4,370,034  00 

Amount  of  taxes  assessed  for  1858  : 

Evansville $37,945  26 

Lamasco 8,915  94 

Total $46,861  20 

1859.  — April  9th. 

William  Baker,  Mayor. 

Councilmen — Z.  H.  Cook,  1st  ward ; Joseph  P. 
Elliott,  2nd  ward;  Samuel  Orr,  3rd  ward;  John  S.  Gavitt,* 
4th  ward;  George  Wolflin,  5th  ward;  Andrew  J. 
Hutcheson,  6th  ward  ; Archibald  G.  Sullivan,  7th  ward; 
Thomas  Redmond, f 8th  ward ; John  IvinsonJ,  9th  ward. 


APPENDIX  B. 


837 


^September  17th,  1859.  — Augustas  Kollenberg 

elected  Councilman  of  the  4th  ward,  in  the  room  of  J. 
S.  Gavitt,  resigned. 

•(■October  15th,  1859. — John  H.  Roelker  elected 
Councilman  of  the  8th  ward,  in  the  room  of  Thomas 
Redmond,  resigned. 

'^February  18th,  1860. — William  Mills  elected  Coun- 
cilman of  the  9th  ward,  in  the  room  of  John  Ivinson, 
resigned. 

Patrick  Burke,  Clerk;  Thomas  McAvoy,  Assessor  . 
Scren  Sorenson,  Treasurer;  Peter  Schmuck,  Collector ; 
C.  Baker  and  Foster,  Attorneys  ; E.  S.  Martin,  Marshal ; 
James  D.  Saunders,  Surveyor;  P.  G.  O’Riley,  Wharf- 
master  ; John  Smith,  Street  Commissioner;  Horatio  Q. 
Wheeler,  William  Hughes,  Philip  Hornbrook,  School 
Trustees;  James  Fitzwilliams,  Market-master  Upper 
Market;  Francis  Schneider,  Market-master  Lower 
Market. 

Value  of  property  assessed  for  1859  : 


Lots.  Improvements.  Personals.  Total. 

Evansville $1,765,312  00  $869,680  00  $1,170,733  00  $3,805,725  00 

Lamasco 755,720  00  242,755  00  183,204  00  1,201,679  00 


Grand  total $5,007,404  00 

Amount  of  taxes  assessed  for  1859: 


Evansville $41,277  97 

Lamasco 10,266  90 

Total $51,544  87 


1860. — April  7th. 

William  Baker,  Mayor. 

Councilmen — Z.  II.  Cook,  1st  Ward;  John  J,  Chand- 
ler, 2nd  ward;  Philip  Decker,  3rd  ward ; J.  G.  Sauer, 
4th  ward;  John  Bischman,  5th  ward;  Joseph  J.  Reitz, 
6th  ward;  Henry  L.  Dannetell,  7th  ward;  John  H. 
Roelker,  8th  ward  ; George  Foster,  9th  ward. 

Patrick  Burke,  Clerk;  John  W.  Henson,  Marcus 
Sherwood,  and  Wrn.  Dean,  Assessors ; Soren  Sorenson, 
Treasurer;  Christian  Hedderich,  Collector;  Conrad  Ba- 
ker, Attorney;  E.  S.  Martin,  Marshal;  James  D.  Saun- 

43 


338 


APPENDIX  B. 


ders,  Surveyor;  P.  G.  O’Riley,  Wharf-master;  John 
Smith,  Street  Commissioner ; H.  Q.  Wheeler,  P.  Horn- 
brook  and  Carl  Schmidt,  School  Trustees. 

Value  of  property  assessed  for  1860  : 


Lots.  Improvements.  Personals.  Total. 

Evansville $1,868,320  $974,685  $1,668,065  $4,511,070 

Lamasco 798,080  320,385  290,240  1,408,705 


Grand  total $5,919,775 

Amount  of  taxes  assessed  for  1860  : 

City  Tax.  Railroad  Tax.  Total. 


Evansville $35,665  72  $18,092  80  $53,758  52 

Lamasco 12,185  89  12,185  89 


Total  Evansville  and  Lamasco $65,944  41 

1861. — April  6th. 

William  Baker,  Mayor, 

Councilmen — William  Hunnel,  1st  ward;  John  J. 
Chandler,  2nd  ward;  Robert  Fergus,  3rd  ward;  E.  Q. 
Smith,  4tn  ward  ; John  Hedderich,  5th  ward ; Christian 
Miller,  6th  ward;  William  H.  Klusman,  7th  ward;  John 
A.  Haney,  8th  ward ; Michael  Muentzer,  9th  ward. 

Patrick  Burke,  Clerk;  William  Dean,  Adrian 
Young  and  Marcus  Sherwood,  Assessors ; Soren  Soren- 
son, Treasurer;  Christian  Hedderich,  Collector;  E.  S 
Martin,  Marshal;  James  D.  Saunders,  Surveyor;  Z.  H. 
Cook  and  Chester  O.  Davis,  Wharf-masters ; John  Smith, 
Street  Commissioner;  H.  Q.  Wheeler,  Trustee;  W. 
Baker,  Superintendent  of  Public  Schools. 

Value  of  property  assessed  for  1861 : 


Lots.  Improvements.  Personals.  Total. 

Evansville $1,790,120  $1,020,775  $1,219,485  $4,030,380 

Lamasco 741,960  359,875  253,455  1,355,295 


Grand  total $5,385,675 

Amount  of  taxes  assessed  for  1861 : 


City  Tax.  Railroad  Tax.  Total. 

Evansville $25,991  28  $8,060  76  $34,052  04 

Lamasco 9,923  77  9,923  77 


Total  Evansville  and  Lamasco $43,975  81 

1862. — April  12th. 

William  Baker,  Mayor. 

Councilmen — William  Hunnel,  1st  ward;  Joseph 


APPENDIX  R. 


839 


P.  Elliott,  2nd  ward;  Robert  Fergus,  3rd  ward;  Jona- 
than Newman,  4th  ward;  John  Hedderich,  5th  ward; 
Rudolph  Kehr,  6th  ward ; Marcus  L.  Johnson,  7th  ward  ; 
John  H.  Roelker,  8th  ward  ; William  Mills,  9th  ward. 

Patrick  Burke,  Clerk;  William  Dean,  Marcus 
Sherwood  and  Z.  M.  P.  Carter,  Assessors ; Anthony 
Behm,  Treasurer ; Joseph  J.  Reitz,  Collector ; E.  S. 
Martin,  Marshal;  Henry  Mursinna,  Surveyor;  J.  T. 
Cox  andF.  M.  Humphrey,  Wharf-masters  ; John  Vogel, 
Street  Commissioner ; H.  Q.  Wheeler,  Trustee,  and  W. 
Baker,  Superintendent  of  Public  Schools. 

Value  of  property  assessed  in  1862  : 

Lots.  Improvements.  Personals.  Total. 

Evansville $1,857,465  $1,173,515  $1,302,515  $4,333,495 

Lamasco.... 763,255  404,975  198,400  1,366,630 

Grand  total $5,700,125 

Amount  of  taxes  assessed  for  1862  : 

City  tax.  Railroad  tax.  Total. 

Evansville $32,345  19  $27,859  96  $60,205  15 

Lamasco 11,196  06  6,106  04  17,302  10 

Total  Evansville  and  Lamasco $77,507  25 


1863. — April  11th. 

William  Baker,  Mayor.  • 

Councilmen — William  Dean,  1st  ward;  Joseph  P. 
Elliott,  2nd  ward;  J.  A.  Birkenbush,  3rd  ward;  Jona- 
than Newman,  4th  ward;  Henry  Schmutte,  5th  ward; 
Joseph  Overell,  6th  ward  ; Adolph  Hoelscher,  7th  ward; 
Frederick  W.  Cook,  8th  ward;  William  Mills,  9th  ward. 

Adolph  Pfafflin,  Clerk;  William  H.  Walker,  John 
W.  Green,  and  J.  M.  Gleichman,  Assessors ; James 
Davidson,  Treasurer;  Wm.  G.  Boepple,  Collector; 
Hiram  Helson,  Marshal ; James  D.  Saunders,  Surveyor  ; 
Chester  0.  Davis  and  A.  Tenvoorde,  Wharf-masters  ; 
John  Vogel,  Street  Commissioner;  H.  Q.  Wheeler, 
Trustee,  and  W.  Baker,  Superintendent  of  Public 
Schools. 


340 


APPENDIX  B. 


Value  of  property  assessed  for  1863  : 


Lots.  Improvements.  Personals.  Total. 

Evansville §2,135,950  §1,300,020  §2,497,690  $5,933,660 

Lamasco 806,815  444,885  371,490  1,623,190 


Grand  total $7,536,850 

Amount  of  taxes  assessed  for  1863: 


City  tax.  Railroad  tax.  Total. 

Evansville $4,8623  98  $29  518  56  $68,142  54 

Lamasco 12,801  77  7,510  20  20,311  97 


Total  Evansville  and  Lamasco $88,454  51 

1864. — April  8th. 

William  Baker,  Mayor. 

Councilmen — William  Dean,  1st  ward ; Samuel  M. 
Archer,  2nd  ward;  G-.  II.  Schmits,  3rd  ward;  Willard 
Carpenter,  4th  ward;  John  Hedderich,  5th  ward;  Jos- 
eph J.  Reitz,  6th  ward;  A.  G.  Sullivan,  7th  ward; 
Frederick  W.  Cook,*  8th  ward;  William  Mills,  9th 
ward. 

*January  2, 1865. — John  II.  Roelker,  elected  Council- 
man of  the  8th  ward,  in  the  room  of  F.  W.  Cook,  re- 
signed. 

Adolph  Pfafflin,  Clerk;  John  Schubert,  John  G. 
Paine,  and  William  Warren,  Jr.,  Assessors;  James 
Davidsop,  Treasurer;  William  G.  Boepple,  Collector; 
Anthony  Tenvoorde,  Marshal ; A.  T.  Whittlesey,  Sur- 
veyor; Jonathan  Newman  and  Frank  Morris,  Wharf- 
masters  ; A.  Kirkpatrick,  Street  Commissioner;  II.  Q. 
Wheeler,  Trustee,  and  W.  Baker,  Superintendent  of 
Public  Schools. 

Value  of  property  assessed  for  1864  : 


Lots.  Improvements.  Personals.  Total. 

Evansville $2,587,745  $1,634,225  $3,233,735  $7,455,705 

Lamasco  789,500  534,605  445,170  1,769,275 


Grand  total $9,224,980 

Amount  of  taxes  assessed  for  1864: 

City  tax.  Railroad  tax.  Total. 


Evansville $59,012  29  $15,900  36  $74,912  65 

Lamasco 15,865  89  2,648  21  18,514  10 

Grand  total $93,426  75 


APPENDIX  B. 


341 


1865. — April  11th. 

William  Baker,  Mayor. 

Councilmen — William  Bean,  1st  ward ; Isaac  Cassel- 
berry, 2nd  ward  ; Samuel  Orr,  3rd  ward ; William 
Heilman,  4tli  ward  ; Anton  Helbling,  5th  ward  ; Jacob 
Showener,  6th  ward;  Henry  Feldhacker,  7th  ward; 
William  G.  Boepple,  8th  ward;  Wm.  J.  P.  Mills,  9th 
ward. 

Alfred  M.  McGrifF,  Clerk ; Henry  Habenicht, 
Philip  Euler,  Jr.,  and  Herman  Junker,  Assessors;  James 
Davidson,  Treasurer;  John  Schubert,  Collector;  An- 
thony Tenvoorde,  Marshal ; A.  T.  Whittlesey,  Surveyor ; 
William  Green  and  Philip  Klein,  Wharf-masters;  A. 
Kirkpatrick,  Street  Commissioner;  Asa  Iglehart,  Isaac 
Casselberry,  and  Emil  Bischof,  Trustees,  and  E.  J.  Bice, 
Superintendent  of  Public  Schools. 

Value  of  property  assessed  for  1865  : 


Lots.  Improvements.  Personals.  Total. 

Evansville 53,318,945  $1,842,295  $4,117,635  $9,278,875 

Lamasco.... 814,900  614,385  459,120  1,888,405 


Grand  total $11,167,280 

Amount  of  taxes  assessed  for  1865  : 

City  tax.  Railroad  tax.  Total. 


Evansville $73,218  58  $28,358  82  $101,577  40 

Lamasco  17,163  15  1,429  36  18,592  51 


Grand  total $120,169  91 

1866. — April  9th. 

William  Baker,  Mayor. 

Councilmen— William  Ilunnel,  1st  ward  ; William 
Dean,  2nd  ward;  Wm.  J.  P.  Mills,  3rd  ward  ; John  C« 
Smith,  4th  ward  ; William  Heilman,  5th  ward  ; Joseph 
J.  Reitz,  6th  ward;  John  Miller,  7th  ward;  James  W. 
Wiltshire,  8th  ward;  John  Torrance,  9th  ward. 

A.  M.  McGrift,  Clerk;  Philip  Euler,  Jr.,  Wm. 
Warren,  Jr.,  and  James  L.  Dunning,  Assessors  ; S.  K. 
Leavitt,  Treasurer;  John  Schubert,  Collector;  An- 
thony Tenvoorde,  Marshal ; A.  T.  Whittlesey,  Sur- 
veyor; Hiram  Kelson,  Recorder;  William  Green  and 


342 


APPENDIX  B. 


Philip  Klein,  Wharf-masters ; Asa  Iglehart,  Emil 
Bischof,  and  Isaac  Casselberry,  Trustees,  and  E.  J.  Rice, 
Superintendent  of  Public  Schools. 

Board  of  Health — George  B.  Walker,  M.D.,  Presi- 
dent; Madison  J.  Bray,  M.D.;  Oscar  Kress,  M.D.;  Isaac 
Casselberry,  M.D.,  Secretary  ; W.  Baker,  ex.  of. 

Value  of  property- assessed  for  1866  : 


Real  estate.  Personals.  Total. 

Evansville . $7,710,725  $5,010,810  $12,721,535 

Lamasco 2,130,950  552,110  2,583,110 

Grand  total $15,304,645 

Number  of  polls — 1866  : 

Evansville 2,060 

Lamasco .......1,190 

Total 3,250 


1867. — April  8th. 

William  Baker,  Mayor. 

Councilmen — Jacob  H.  Miller,  1st  ward  ; William 
Bean,  2nd  ward ; M.  Muehlhausen,  3rd  ward  ; Fred.  W. 
Cook,  4th  ward;  William  Heilman,  5th  ward;  Joseph 
J.  Reitz,  6th  ward;  William  Kolle,  7th  ward;  James 
Wiltshire,  8th  ward  ; John  Kraft,  9th  ward. 

A.  M.  McGrifF,  Clerk;  Robert  Rowland,  Philip 
Euler,  Jr.,  and  Samuel  Wittenbach,  Assessors;  S.  K. 
Leavitt,  Treasurer ; William  G.  Hazelrigg,  Collector ; 
Philip  Klein,  Marshal;  Charles  B.  Bateman,  Surveyor; 
Hiram  Kelson,  Recorder;  Wm.  A.  Daugherty  and  Wm. 
W.  Williams,  Wharf-masters ; Asa  Iglehart,  John  W. 
Foster  and  Isadore  Esslinger,  Trustees,  and  Charles  H, 
Butterfield,  Superintendent  of  Public  Schools. 

Value  of  property  assessed  for  1867  : 


Real  estate.  Personals.  Total. 

Evansville $8,875,570  $4,012,765  $12,888,335 

Lamasco 2,254,130  643,053  2,897,220 


Grand  total $15,785,555 

Number  of  polls — 1867 : 

Evansville 2,55$ 

Lamasco 1,790 


Total.. 4,34$ 


APPENDIX  B. 


343 


1868.  — April  15th, 

William  II.  Walker,  Mayor. 

Councilmen- — H.  E.  Blemker,  1st  ward;  James 
Steele,  2nd  ward;  Samuel  L.  Jones,  3rd  ward ; Henry 
Stockfleth,  4th  ward;  Henry  Schriber,  5.th  ward;  John 
A.  Reitz,  6th  ward;  William  Kolle,  7th  ward;  John 
H.  Roelker,  8th  ward ; Henry  Mesker,  9th  ward. 

A.  M.  McGriff,  Clerk;  Paul  Dennison,  Thomas 
McKeever,  and  Jonathan  Newman,  Assessors;  John  D. 
Roche,  Treasurer ; T.  J.  Gavisk,  Collector ; Nathan 
Willard,  Recorder;  James  D.  Saunders,  Surveyor; 
Edward  S.  Martin,  Marshal;  Charles  Lauenstein,  W.  F. 
Parrett,  and  II.  W.  Cloud,  Trustees,  and  A.  M-  Gow, 
Superintendent  of  Public  Schools. 

Value  of  property  assessed  for  1868  : 

Real  estate.  Improvements.  Personals.  Total. 

$5,849,283  $3,800,825  $3,399,829  $13,099,937 

1869.  — April  12th. 

William  H.  Walker,  Mayor. 

Councilmen— Albert  Steinbach,  1st  ward;  John  S. 
Hopkins,  2nd  ward;  Peter  Semonin,  3rd  ward;  Samuel 
Orr,  4th  ward;  Michael  Stumpf,  5th  ward;  John  Hod* 
son,  6th  ward;  R.  W.  Steineker,  7th  ward;  James 
Wiltshire,  8th  ward;  Charles  W.  Doughty,  9th  ward. 

A.  M.  McGriff,  Clerk ; Samuel  Wittenbach,  Otto 
Pfafflin  and  John  W.  Collins,  Assessors;  Saunders  B. 
Sansom,  Treasurer;  John  Greek,  Collector;  Nathan 
Willard,  Recorder;  James  D.  Saunders,  Surveyor; 
Christian  Wunderlich,  Marshal;  Samuel  P.  Havlin  and 
Phy.  D.  Viets,  Wharf-masters;  Charles  Lauenstein, 
W.  F.  Parrett,  and  II.  W.  Cloud,  Trustees,  and  A.  M. 
Gow,  Superintendent  of  Public  Schools. 

Value  of  property  assessed  for  1869  : 

Real  estate.  Personals.  Total. 


Evansville $10,702,810  $3,201,365  $13,904,175 

Lamasco 2,379,720  637,345  3,017,065 

Grand  total $16,921,240 


344 


APPENDIX  B. 


1870. — April  11th. 

William  H.  Walker,  Mayor.* 

Councilmen- — August  Elies,  1st  ward  ; E.  G.  Van 
Riper,  2nd  ward;  M.  Muehlhausen,  3rd  ward;  Henry 
Richardt,  4th  ward ; Willard  Carpenter,  5th  ward ; 
Charles  Schaum,  6th  ward;  Thomas  Kerth,  7th  ward; 
William  Heilman, f 8th  ward  ; Chas.  W.  Doughty,  9th 
ward. 

*On  the  death  of  Mayor  Walker,  E.  G.  Van  Riper 
was  appointed  by  the  Council  Mayor  ad  interim , and 
served  until  IsTovember  12th,  1870,  when  William 
Baker  was  elected  at  a special  election. 

■fWm.  Rahm,  Jr.,  was  elected  January  10th,  1871, 
in  place  of  Wm.  Heilman,  resigned. 

William  Helder,  Clerk;  W.  H.  Elmendorf,  Otto 
Pfafflin  and  C.  C.  Schreeder,  Assessors;  Samuel  Bacha- 
rach,  Treasurer;  Wm.  Maynard,  Collector;  Hathan 
Willard,  Recorder;  James  D.  Saunders,  Surveyor; 
Christian  Wunderlich,  Marshal;  John  O’Meara  and 
James  S.  England,  Wharf-masters  ; Charles  Lauenstein, 
W.  E.  Parrett  and  II.  W.  Cloud,  Trustees,  and  A.  M. 
Gow,  Superintendent  of  Public  Schools;  Chas.  W. 
Doughty,  Superintendent  of  Water- works. 


insriDimx 


ABATEMENT  OF  TAXES—  PAGE. 

135 

ACTIONS'— 

How  commenced,  prosecuted,  &c 20 

ADJOURNMENT  OF  COUNCIL— 

By  the  Clerk 16 

ADVERTISEMENT— 

Penalty  for  defacing  or  destroying 233 

AGENTS,  <fec  — 

How  appointed , 24 

ALLEYS— 

Power  to  regulate,  lay  out  and  improve 34,  43,  45 

. Improvement  and  repair  of 305,  307,  308 

Buildings  must  not  project  into 231 

ANIMALS— 

Running  at  large 21 

Ordinance  relative  to 154 

Cruel  treatment  of. 228 

Attached  to  vehicles  how  to  be  secured... * 230 

ANNEXATION— 

Of  adjacent  territory 58,  82,  83,  84 

Of  Lamasco . 76 

APPEALS— 

To  be  taken  within  ten  days 47 

ASHES— 

In  wooden  vessels 233 

ASSAULT— 

Assault,  and  assault  and  battery 229 

ASSESSMENT  OF  REVENUE— 

How  and  when  made 32,  71,  85 

Time  of,  may  be  changed  by  Council 71 

Clerk’s  duty  in  relation  to.... 34 

W hat  to  be  assessed 30 

Irregularity  of,  not  to  invalidate 35 

Ordinance  relative  to 119,  123 


346 


INDEX 


ASSESSMENT  ROLL—  PAGE. 

Form  of,  and  when  to  be  returned 31,  71,  119, 123 

ASSESSORS— 

How  appointed  or  elected 31,  69,  119 

Duties  of. 31,  120,  123 

Oath  and  bond 31 

Vacancy  in  office,  how  filled 36 

ASSIGNATION  HOUSES— 

Penalty  for  keeping  229 

AUCTIONS  AND  AUCTIONEERS— 

Power  to  regulate  and  appoint 26 

Ordinance  relative  to 126, 133 

AWNINGS— 

Signs  and  cellar  doors— ordinance  relative  to 275,  278 

B 

BAGATELLE  TABLES— 

Ordinance  relative  to 142, 145,  146 

BAIL— 

For  appearance,  when  City  is  plaintiff. 29 

For  stay  of  execution 29 

BALL- 

Playing  in  the  streets 21,232 

BALLOT  BOXES— 

How  furnished  and  preserved 14 

BANDS  OF  MUSIC— 

Must  not  perform  on  Sunday . 229 

BATHING— 

In  river  or  canal 20,  231 

BEEF,  &c. — 

Inspectors  of. 208 

BEGGARS- 

21,  234 

BILLIARD  TABLES— 

Ordinance  relative  to 142,  145,  146,147 

BILLS  OF  MORTALITY— 

Power  to  provide  for  keeping 22 

BOARD  OF  EQUALIZATION  — 

Its  powers  and  duties 25 

BOARD  OF  HEALTH— 

26 

BONDS  OFFICIAL— 

To  whom  payable 46,47,  51 

Not  void  for  want  of  form 46 

Of  Clerk 16 

Of  Assessor 31 

Of  Collector 35 

Of  Treasurer 42 

Of  Mayor 47,  51 

Of  Marshal n 


INDEX 


347 


BORROW  MONEY—  PAGE. 

Council  may 25 

BOUNDARIES— 

Of  the  city .. 5 

Power  to  survey  and  establish 6,  22 

Of  Lamasco 69 

BREAD - 

Power  to  regulate  quality  of ; 23 

BRIBERY— 

Threats,  &c. , at  elections— penalty  for 14 

BRIDGE  COMPANIES— 

Power  to  take  stock  in 25 

BRIDGES— 

Ordinances  relative  to . 148 

BUILDING  MATERIALS  - 

May  be  deposited  in  streets 147 

BURGLARS— 

Thieves,  <£c 26,  234 

BURIAL  OF  DEAD— 

Power  to  regulate 22 

BURYING  GROUNDS— 

Power  to  establish  and  regulate 22 

BUTCHER  STALLS— 

Ordinance  relative  to 284 

BUTTER,  &c. — 

Inspectors  of.... „ „ 208 

BY-LAWS— 

Ordinances,  &c.,  need  not  be  pleaded 17 

How  published  and  when  in  force 28 

Evidence  of  publication  of. 28 

C 

CANAL — 

Throwing  dead  animals  in 232 

CANDLES  AND  LIGHTS— 

Improper  use  of 20,  28,  280 

CAROUSALS— 

227 

CARRIERS  AND  RUNNERS- 

Power  to  regulate. ..„ 22 

CARTS,  &c. — 

Ordinance  i*elative  to 221,314,  318 

Must  have  lock  chain 230 

CATTLE,  &c  — 

Running  at  large 21, 154 

CELLAR  DOORS— 

Signs  and  awnings,  ordinances  relative  t<? 275,  278 


348 


INDEX 


CEMETERIES-  PAGE, 

Ordinance  relative  to 149,  151, 152, 153 

CERTIFICATE  OF  ELECTION— 

OfCouncilmen 12 

Of  Mayor. ...... ...  13 

Oath  to  be  indorsed  on ID 

To  be  recorded  by  Clerk ...... ID 

CHARTER  OF  CITY— 

A public  act  and  need  not  be  pleaded . ..  17 

CHIMNEYS— 

Construction  of. , . 28, 168, 169 

CIRCUSES,  SHOWS,  &c.— 

Power  to  regulate  and  license 27 

Ordinance  relative  to „ 272, 274 

CISTERNS— 

Wells,  &c 23,168  232 


CITY  JAIL  — 

. 23,  105 

CITY  ORDERS— 

Officers  must  not  purchase  at  discount .. 241 

CITY  WATCH— 

36,  26,  248 

CLERK  OF  ELECTION— 


Appointment  and  duties  of 9,  10,  12 

CLERK  OF  COMMON  COUNCIL-  • 

How  appointed  or  elected 10 

To  provide  poll-books,  &c 10 

Oath  and  bond 10 

To  keep  books,  <fcc ID 

To  attend  meetings  and  record  proceedings 16 

To  adjourn  Council  when  no  quorum ...  )6 

To  record  certificates  of  election 17 

To  extend  taxes  on  assessment  roll 35 

To  make  out  duplicate  of  assessment  roll 35 

To  attest  delinquent  list 36 

To  make  out  orders  drawn  on  Treasury 43,  54 

To  make  out  licenses,  commissions,  etc 54 

Fees  and  salary  of ■. ..54,137,  157,  269,  271 

May  administer  oaths 55 

Deputies  of,  how  appointed 55 

Other  duties  of 270, 13S,  137,  241,  262,  298- 

COVL,  &c. — 

Power  to  regulate  weighing  of.. 23- 

COLLECTOR— 

Appointment,  bond  and  duties  of 35,  69,,  134,  135 

Vacancy  in  office,  how  filled 36 

When  to  publish  notice  to  tax-payers 39 

When  to  sell  for  taxes  on  personals 39,  71, 279 

“ “ “ “ “ “ real  estate 40,71,279- 

When  to  make  return  to  Treasurer 40,  71,  279 

Surplus  money  in  hands  of,  how  disposed  of. 42 

Return  to  Council,  what  it  must  contain 4£ 


INDEX 


349 


Page. 

Duties  of.  as  to  sale  of  real  estate  for  taxes 60,  134,  136 

Other  duties  of. 241,  298,  302 


COMMON  COUNCIL— 

Of  whom  composed 

Genei  al  powers  of 

Majority  a quorum 

To  judge  ol  election  returns 

To  keep  a record  of  their  proceedings 

May  compel  attendance  of  members 

Who  to  preside 

Meetings  of,  stated  and  called 

To  have  control  of  finances,  etc 

May  increase  Assessors’  valuation,  when t 

May  not  alter  “ “ when 

To  fix  rate  of  taxation 

May  establish  and  regulate  wharves,  etc 

May  appoint  officers,  etc 

May  take  stock  in  E.  & I.  R.  R.  Co 

Shall  provide  for  payment  of  bonds 

May  cause  ponds,  etc.,  to  be  drained 

May  enact  ordinances,  etc.,  for  the  following  purposes,  viz  : 

To  restrain  gaming 

To  restrain  the  sale  of  liquors 

To  prohibit  certain  shows 

To  prevent  and  punish  drunkenness 

To  suppress  disorderly  houses,  etc 

To  promote  health,  etc 

To  regulate  location  of  slaughter  houses 

“ “ the  keeping  and  conveying  of  powder 

To  prevent  immoderate  riding,  driving,  etc 

“ “ obstruction  of  streets,  alleys,  etc 

To  regulate  bathing  in  public  places 

To  restrain  and  punish  vagrants 

“ “ “ u prostitutes 

To  prohibit  the  running  at  large  of  cattle,  dogs,  hogs,  etc 

“ and  abate  nuisances 

“ “ the  flying  of  kites,  rolling  of  hoops,  &c 

To  compel  the  cleaning  of  side- walks,  gutters,  etc 

To  prohibit  disorderly  noises 

To  declare  what  shall  be  deemed  nuisances 

To  regulate  carriers,  runners,  etc .' 

To  license  drays,  wagons,  etc 

To  ascertain  and  establish  boundaries 

To  regulate  the  burial  of  the  dead 

To  provide  for  keeping  bills  of  mortality 

To  regulate  gauging,  weighing,  etc 

“ “ quality  of  bread 

To  establish  and  regulate  cisterns,  wells,  etc... 

To  provide  for  supply  of  water 

To  establish  pounds 

To  prevent  the  firing  of  guns,  pistols,  etc 

To  prevent  erection  of  wooden  buildings 

To  erect  and  establish  markets 

•“  “ “ “ hospital,  council  house,  jail,  etc 

To  establish  engine  houses  and  school  houses 

To  restrain  and  prevent  forestalling  and  regrating... 

To  establish  Fire  Department  . ttrorm  •••••*  ••••••••*  


15 

6 

15 

15 

15 

15 

15 

16 
18 

32 

33 
33 

26,  47 
24,  52 
62 

63 

64 

18 

18 

19 

19 

19 

19 

19 

20 
20 
20 
20 
21 
21 
21 
21 
21 
21 
22 
22 
22 
22 
22 
22 
22 
23 
23 
23 
23 
23 
23 
23 
23 
23 
23 

23 

24 


350 


INDEX. 


Page. 

To  regulate  police 24 

To  compel  attendance  of  members  of  Council 24 

To  appoint  officers,  etc ..  24 

To  regulate  fees  and  salaries 24 

“ “ streets  and  alleys 24 

To  levy  and  assess  taxes 24 

To  take  stock  in  chartered  company 25,  00 

To  borrow  money 25 

To  lay  out  and  vacate  streets,  etc 25 

To  regulate  auctions 25 

To  levy  and  collect  revenue 20 

To  regulate  wharves 20 

To  prevent  injury  from  robbers,  etc 20 

To  establish  board  of  health  20 

To  establish  city  watch 20 

To  regulate  taverns,  etc 20 

“ “ shows,  etc  20 

“ “ ferries,  etc 20 

To  grant  licenses 27 

To  regulate  chimneys,  etc 28 

To  prevent  improper  use*bf  fire,  lights,  etc 28 

To  appoint  fire  wardens 28 

COMMON  SCHOOLS— 

Power  to  establish  and  regulate 28 

Revenue  for 30 

Trustees  of 115 

COMMUTATION  OF  PENALTIES  - 

52,  240 

CONCERTS,  &c.— 

Power  to  regulate,  etc .. 20 

CONSTABLES— 

Powers  and  duties  of 50 

CONTEMPTS  - 

How  punished 47 

CONTINUANCE— 

20 

CONTRACTS- 

Power  of  Council  to  make 0,  55 

Mayor  and  Councilmen  must  not  be  interested  in 55 

CONVEYANCE— 

Of  property  sold  for  taxes 41 

“ “ “ “ improvements 44,  303 

CORNERS— 

Grades,  etc.,  how  fixed 290 

CORPORATE  POWERS— 

Enumeration  of 0 

In  whom  vested 0 

CORRECTION — 

House  of,  may  be  established 52 

COUNCILMEN— 

Number  of 7 


INDEX 


351 


Page. 


Who  eligible ... 7,70 

How  elected  and  term  of  office 8 

Oath  of 15 

When  to  qualify 15 

Removal  of. 18 

Shall  not  hold  certain  offices... 55 

Must  not  be  interested  in  city  contracts , 55 

May  be  expelled,  how 61 

COUNTY  JAIL— 

May  be  used  by  city 52,  105 

CROSSINGS— 

Of  streets  and  alleys  must  not  be  obstructed , 233 

CRUELTY— 

To  animals ...... 228 


D 

DAMAGES— 

Opening  and  widening  streets,  etc 45,  308 

Draining  of  ponds  ... 65 


DANCES- 

227 

DEAD  ANIMALS— 

224,  232 

DELINQUENT  L1ST- 

36,  42 


When  to  be  returned  by  Collector 42,  71 

DEPUTIES— 

Of  Marshal,  Clerk  and  Treasurer 51,  55 


DISORDERLY  HOUSES— 

19,  229 

DISORDERLY— 

Conduct  and  noises 22,  227 

DOCKET— 

To  be  kept  by  Mayor 50 

BOGS- 

Power  to  restrain  and  tax 21 

Ordinance  relative  to 154 

Not  allowed  in  market 283 

BRAYS— 

Hacks,  etc.,  power  to  regulate  and  license 22 

Ordinance  relative  to §14,  318 

DRAYS  AND  CARTS - 

Must  have  lock  chain 230 

DRUNKARDS— 

Power  to  prevent  sale  of  liquor  to 18 

DRUNKENNESS- 


18,  227 


352 


INDEX 


DUPLICATE  OF—  ' Page. 

Assessment  roll,  liow  made  out ...  34 

Council  may  fix  time  of  delivery  to  Collector. 71 

When  to  be  delivered  and  returned 297 


£ 

ELECTIONS— 


How  and  when  held 8 

When  to  be  opened  and  closed ...  9 

Who  may  vote  at 8,  69 

Form  of  tickets 9 

Fraudulent  voting,  how  punished. 8 

Poll  books  and  tally  papers 10, 13 

To  fill  vacancies 70 

Votes  how  received 10 

Penalty  for  misconduct  of  officers . 11, 14 

Places  of  holding.. 9,  61, 161 

Qualification  of  voters,  how  determined 9,  69 

Certificate  of . .• 12,  13 

In  case  of  a tie  vote,  lots  to  be  drawn 14 

Bribery,  threats,  etc.,  how  punished 14 

Ballot  boxes 14 

Voters  exempt  from  arrest 14 


Officers  of,  see  Judges,  Inspectors  and  Clerks 

ELECTIOM  PRECINCTS— 

' 61,161 

ELIGIBILITY  OF  OFFICE— 

79 

ENGINE  HOUSES— 


( See  public  grounds  ) 23 

ENLARGEMENTS  OF  THE  CITY— 

How  made 56,  8*2 

EQUALIZATION  BOARD— 

Power  and  duties  oi 34 

EVANSVILLE  & I.  R.  R.  Co ... 

Council  may  take  stock  in 62 

EVIDENCE— 

City  charter,  by-laws  and  ordinances 17 

Transcripts  of  records 17 

Documents  certified  by  Mayor 47,52 

EXHIBITIONS— 

See  shows,  etc 26,  272 


£ 

FACTORIES,  SHOPS,  &c  — 


Power  to  regulate,  etc.,  (see  nuisances) 19 

FALSE  ALARMS- 

Of  fire 232 

FEES  AND  SALARIES— 

Power  to  regulate,  etc 7,  24 

Of  Mayor 49,.  54,  279 


INDEX. 


853 


Page. 

Of  Collector,  Treasurer  and  Clerk 52,  53,  270 

Of  Marshal  and  Sheriff. 52,  53,  270 

Of  Clerk 54,  269,  270 

FELONY— 

Attempt  to  commit 234 

FERRIES— 

Power  to  regulate  and  license „ 26 

FINANCES  OF  CITY— 

Under  control  of  Council 18 

FINES  AND  PENALTIES— 

Commutation  of 52 

FIRE— 

Fire  companies,  &c.,  power  in  relation  to ....  24 

To  regulate  chimneys,  <&c .' 28 

FIRE  DEPARTMENT— 

Ordinance  establishing... *. „167, 170,  177 

FIRE  LIMITS  — 

{See  wooden  buildings) .. 23,178 

FIRE  ARMS- 

Power  to  prevent  improper  use  of, 23 

Ordinance  relative  to. 232 

FIRE  WOOD- 

Ordinance  relative  to ... ...  183 


FIRE  WARDENS— 

28,  169 


FIRE  BALLS,  Ac.— 

Penalty  for  throwing 179 

FIRE  PLACES— 

How  to  be  constructed 169 

♦* 

FIRES  IN  STREETS,  Ac  — 

Ordinance  relative  to 179 

FLOUR,  Ac. — 

Inspectors  of. 208 

FORESTALLING,  &c.- 


23,  280 

FRAUDULENT  VOTING- 

Penalty  for 8 

FUGITIVES  FROM  JUSTICE— 


G- 

GAMING— 

Gaming  houses,  etc 18,  222.  229 

GAS- 

89 

Ordinances  relative  to 198 

Protection  of  public  lights 203 

Extension  of  pipes 203,  206 


854 


INDEX, 


GAUGING  AND  MEASURING—  PAGE. 

Power  to  provide  for 23 

GOATS— 

154 

GRADE,  CORNERS,  &c— 

How  fixed 296 

GRADING— 

And  paving  streets  and  alleys 46 

Ordinances  relative  to 298,  304 

(See  side  walks) 294 

GRAVE  YARDS— 

(See  burying  grounds) 22 

GROCERIES— 

Taverns,  etc 19,  26,  27,  294 

GUNPOWDER- 

20,  230 

GUTTERS— 

To  be  kept  clean 21,  306 

H 

HACKS- 

Carriages,  etc.,  power  to  regulate  and  license. .. 22 

Ordinances  relative  to 314 

HAY,  &c  - 

Power  to  regulate  weighing 23 

Must  be  weighed  on  public  scales..... 268 

HEALTH— 

Board  of. 26 

HEARTHS,  &c. — 

How  constructed 169 

HOGS- 

(See  animals) 

HOOPS- 

Rolling  of 21,  233 

HORSES— 

Horse  racing,  etc 20,  229 

How  to  be  hitched 232 

HOSPITAL— 

Power  to  establish  and  regulate.. 23 

HOUSES— 

Disorderly 19,  229 

Gaming 19,  229 

Of  ill-fame 19,  229 

I 

IMMODERATE— 

Riding  and  driving 229 

IMMORAL  PRACTICES— 

Power  to  prohibit,  see  offenses ft* 


INDEX 


355 


INCORPORATED  COMPANY—  PAGE. 

Power  to  take  stock  in 25 

INDECENCY— 

Public 19,  227 

INJURY— 

To  private  property 231 

Public  property 231, 237 

INSPECTORS  OF  ELECTION— 

When  and  how  appointed.. . 9 

Power  and  duties  of. 9,  10, 12 

INSPECTORS  OF  FLOUR— 

Whisky,  etc 208 

J 

JAIL,  CITY— 

Power  to  establish 23,  105 

County,  right  to  use.. 47,  105 

JENNY  LIND  TABLES - 

Ordinance  relative  to 146 

JUDGE— 

Citizen  not  incompetent  as 30 

JUDGES  OF  ELECTION— 

Appointment  of. ... 9 

Duties  of 9,  10,  12 

JUDGMENTS— 

How  entered 29 

How  payment  enforced 29 

Reple  viable 29 

Appeals  from 48 

When  a lien  on  real  estate 48 

JURISDICTION— 

To  abate  nuisances,  see  Mayor,  process,  etc 

JUROR— 

Citizen  not  incompetent  as 30 

Jury  trials 47 

JUSTICE  OF  THE  PEACE— 

Mayor  is  ex.  officio 48 

K 

KITES,  FLYING— 

And  rolling  of  hoops 21,  232 

L 

LAMASCO- 

Boundariesof 68 

Annexed  to  Evansville 76 

LANDINGS- 

See  wharves  

LARD,  &c. — 

Inspectors  of. 208 


352 


INDEX, 


LICENSES— 

Power  to  grant 

Penalty  for  neglecting  to  procure 

To  sell  spirituous  liquors,  etc 

LICENSE  MONEY— 

To  be  paid  by  applicant  to  Treasurer...., 
LIEN— 

Of  the  city,  for  taxes 

Of  transcripts  of  judgments 

LIGHTS— 

Candles,  etc.,  power  to  regulate  use  of. 
Oidinances  relative  to  

LIME,  <fec. — 

Power  to  regulate  sale 

LOCK  CHAIN— 

r 

Drays,  etc.,  must  be  provided  with 


Page. 

18,  25,  27 
293,‘ 235 
18,  27,  294 


263 


35 

47 


20,  28 
230 


23 


230 


M 

MALICIOUS — 

Destruction  of  property 228,  231 

MANUFACTURERS  - 

How  to  be  assessed 87, 124 

MARKETS— 


Ordinance  relative  to 184,  279,  284,  285,  286 

MARKET  HOUSES,  &c.— 

Power  to  establish  and  regulate 

Ordinance  relative  to 

Leasing  butcher  stalls 

MARKET  MASTERS— 

Duties  of. 2S1 

MARSHAL— 

Election  of. 51,  69 

Duties,  compensation,  deputies,  bond  and  oath 51,  211 

See  animals,  nuisances,  party  walls,  lire  department,  dogs, . 
hogs.  &c 

MATERIALS  FOR  BUILDINGS— 


279,  285 
284 


May  be  deposited  in  streets 147 

MAYOR— 

When  and  how  elected,  and  term  of  office 7,  13 

Who  eligible  as 7 

Salary  of 8,  271 

Oath  of 15 

President  of  Council 15 

When  he  may  vote 15 

Must  qualify  within  thirty  days 15 

His  office,  how  vacated 18 

To  sign  proceedings  of  Council 17 

To  sign  precepts  to  Collector 34 

To  sign  orders  on  the  Treasury 43 

Te  enforce  ordinances,  etc 47 

To  keep  the  seal  of  the  city 47 

To  sign  licenses  and  commissions 47 


INDEX. 


357 


Page. 

Must  keep  his  office  in  the  city 47 

May  take  depositions  and  acknowledgements  of  deeds 47 

His  powers  as  a judicial  officer 47,  48 

In  case  of  vacancy 49 

Bond  of, . 49 

May  be  removed  from  office 49,  61 

Fees  of 7,54 

Shall  not  hold  certain  city  offices 55 

Must  not  be  interested  in  city  contracts 55 

May  compel  attendance  of  witnesses 51,  47,  55,  61 

To  give  notice  ot  certain  elections 70 

In  relation  to  grades,  etc 294 

See  improvement  of  streets,  etc 

See  improvement  of  side-walks 

MEASURING  WOOD  - 

Coal,  etc.,  power  to  provide  for 23 

MEETINGS  OF  COUNCIL— 

Stated  and  called 16,  264 

May  be  adjourned  by  Clerk,  when 16 

MERCHANTS- 

How  to  be  assessed 82,  123 

MINORS— 

Power  to  prevent  sale  of  liquors  to 18 

MONEY— 

Power  to  borrow <. 25 

N 

NINE  AND  TEN-PIN  ALLEYS— 

Ordinance  relative  to 142, 145 

NOISE— 

Disturbances,  etc 20,227 

NOTICE— 

Of  election  to  fill  vacancies 17,  70 

Of  called  meetings  of  Council 16 

Of  the  Collector  that  he  is  ready  to  collect 39 

Of  sales  for  taxes 39 

“ “ for  expense  of  improvements,  &c 43,  257,  302 

Of  opening  or  altering  streets,  etc 45,  338 

Penalty  for  destroying 233,  236 

See  nuisances,  signs,  awnings,  etc 

NUISANCES— 

Power  to  prohibit 19 

Compel  abatement  of 19,  20 

Declare  what  shall  be  deemed is 

Ordinances  relative  to 209,211,  212,  213,  214,  219,  220,  222 

( O 

OATHS— 

Official,  ol  officers  of  election 11 

Of  Mayor  and  Councilmen...7. 15 

Of  Clerk .*  io 

Of  Assessor 31 

Of  Collector 35 


358 


INDEX 


Page. 

Of  Surveyor  of  party  walls , 38 

OfTreasurer 42 

Of  Marshal 51 

Assessor  may  administer 32 

Clerk  and  deputies  may  administer 55 

See  market-master,  wharf-master,  surveyor,  &c 

OBSCENE  BOOKS— 

Prints,  etc 228 

OFFENSES— 

Ordinance  defining 226,  236 

OFFICERS  OF  THE  CITY— 

Who  eligible  as 70 

Ordinance  relative  to. 240 

Penalty  f or  resisti  n g 228 

Must  not  purchase  city  orders,  etc.,  at  discount 241 

Must  give  bond  and  be  sworn 240 

OFFICERS  OF  ELECTION— 

How  appointed  and  sworn 9 

Duties  of 10, 11 

Misconduct  of,  how  punished 11,  14 

Neglect,  fraud,  etc 14 

OFFICERS  AND  AGENTS- 

Ilow  appointed 24,  52 

Term  of  office 24 

Fees  of 53 

OFFICIAL  BONDS- 

To  whom  payable 46,  47 

Not  void  for  want  of  form 48 

ORDERS  ON  THE  TREASURY  - 

Bjr  whom  drawn 43 

ORDINANCES— 

Power  to  enact..... 6,18 

Need  not  be  pleaded 17 

How  published,  and  when  in  force 28 

Evidence  of  publication 28 

Observance  of  how  enforced 28 

ORNAMENTAL— 

And  shade  trees 233 


P 


PARTY  WALLS— 

Power  to  regulate 37,  61 

Ordinance  relative  to 242,  245 

PAVING— 


See  grading  and  paving 

PEDDLERS— 

Ordinance  relative  to 246,  247 

PENALTIES— 

Power  to  commute...! 52 

Ordinance  relative  to 239,  240 


INDEX 


359 


PERJURY—  • PAGE. 

In  swearing  at  elections 11 

As  to  value  of  property 32 

PIVOT  BRIDGES— 

Ordinance  relative  to 148 

PLEADING— 

Charter  and  ordinances  need  not  be  pleaded 17 

POLICE— 

Power  to  regulate 24 

Ordinance  relative  to.... ....223,  248,  271 

POLL  BOOKS— 

How  furnished 10 

How  preserved 13 

POLL  TAX— 

Power  to  levy...  ...  30 

PONDS  AND  SWAMPS— 

Power  to  drain 65 

PORK,  &c. — 

I nspectors  of 208 

PORTERS  AND  CARRIERS— 

Power  to  regulate 22 

POUNDS— 

Public,  power  to  establish 23 

POWDER— 

And  powder  houses,  power  to  regulate 19 

Ordinances  relative  to 230 

POWERS  OF  CORPORATION— 

In  whom  vested 6 

PRACTICE— 

Same  in  Mayor’s  as  in  Justice’s  Courts 29,  47 

PRECEPT  TO  COLLECTOR- 

HOW  issued 34,  257,  262 

PRISONERS— 

To  stand  committed  until  fine  and  costs  are  paid  or  replevied.  30 

May  give  appearance  bail 30 

PRIVIES— 

19,229,  251,  252 

PROCESS— 

Mesne  and  final 29,  47 

PROCESSIONS,  <fcc. — 

On  Sunday 228 

PROSTITUTES— 

Power  to  restrain  and  punish ' 21 

Ordinances  relative  to 227,234 

PUBLIC  INDECENCY— 

19,  227 

PUBLIC  GROUNDS,  &c.— 

Power  to  prevent  injuries  to 20 

Ordinances  relative  to 231, 233,  237 


360 


INDEX 


Page, 

Q 

QUORUM  OF  COUNCIL— 

What  number  shall  constitute *....  15 

Not  attending,  Clerk  shall  adjourn  Council 16 

R 

REAL  ESTATE- 

HOW  sold  for  taxes 40 

Improvements  and  repairs 44, 253,  262 

May  be  redeemed,  when 42,253 

What  will  invalidate  title  of  purchaser 41 

REBEL  UNIFORM— 

Penalty  for  wearing 236 

RECOGNIZANCES— 

See  bail 29 

RECORDER— 

Council  may  order  election  of 69 

His  term  of  office,  duties,  oath  and  bond 69 

RECORD— 

Of  proceedings  of  Council 16 

To  be  read  in  presence  of  Council 16 

To  be  signed  by  Mayor  and  attested  by  Clerk 16 

RELIGIOUS  WORSHIP— 

Must  not  be  disturbed 235 

RESISTING  CITY  OFFICERS- 

Penaltyfor .....I... 228 

REVENUE— 

Power  to  levy  to  pay  for  stock 25 

Power  to  levy  for  other  purposes i 30 

On  what  to  be  levied 3u 

How  levied 30,  31,  32,  34 

Irregularity  of  levy  not  to  prevent  collection  of 35 

When  and  how  collected i.  36,  39,  262 

Ordinances  relative  to 262 

See  board  of  equalization,  Assessor,  Collector,  etc  

RIOTS— 

Power  to  prevent 19 

RIVER— 

Throwing  dead  animals  in 232 

ROADS,  &c.— 

Council  may  take  stock  in 25 

Without  the  city,  taxes  not  to  be  levied  to  make  or  repair 25 

RULES— 

For  the  government  of  Council 264 

How  altered  or  suspended 267 

RUNNERS— 

And  carriers,  power  to  regulate 22 

S 

SALARIES— 

Mayor 8 

Councilmen 8 


INDEX. 


361 


SALES—  Page. 

For  taxes 39,  42,  60,  61, 134,  135, 136 

What  to  be  sold 39,  42,  60 

Notice  of.. 39,61 

Certificate  of  purchase 39 

Property  sold  for  taxes,  when  redeemable 39 

For  expense  of  improvement  and  repairs 43,  253,  298 

Ordinances  relative  to .....253,  304,  295 

SALOONS— 

Ordinance  relative  to . 293 


SCALES- 

Public,  ordinance  relative  to 

SCHOOLS- 

Common,  power  to  establish  and  support 
SCHOOL  CORPORATION — 

Cities,  &c.,  to  constitute 

SCHOOL  TRUSTEES— 

Election  and  duties  of. 

SEWERS  AND  DRAINS— 

Injury  to 

SHADE- 

And  ornamental  trees 

SHERIFF— 

To  receive  prisoners  in  county  jail 

Fees  of , 

SINKING  FUND- 


SHOOTING— 

Power  to  prohibit 21 

Ordinances  relative  to 232 

SHOPS  AND  FACTORIES— 

Power  to  regulate,  (see  nuisances) 19 

Ordinance  relative  to 229 

SHOWS— 

Demoralizing,  power  to  prohibit 19 

SHOW'S— 

Concerts,  &c.,  power  to  regulate 19 

Ordinance  relative  to - 272,  274 

SIDE-WALKS— 

Power  to  compel  persons  to  keep  clean 21 

“ “ regulate 24 

“ “ compel  improvement  of 43 

SIDE-WALKS— 

Must  not  be  obstructed 131,  231, 233 

Injury  to 231 

Ordinance  relative  to  improvement  and  repair  of 253 

SIGNS— 

Awnings  and  cellar  doors 275,278 

SINKING  FUND- 

Council  to  establish 62 

SLAUGHTER  HOUSES,  &c  — 


267 
23,  30 

115 

116 

232 

233 

46 

54 

287 


19,  229 


362 


INDEX 


SOAP  FACTORIES,  Ac.-  Pagk. 

— '. «...  19.  229 

SPIRITUOUS  LIQUORS— 

(See  drunkards  and  minors) , 

STOCK  IN  INCORPORATED  CO.- 

Power  to  take............. 25 

STONING  HOUSES,  Ac.- 

232 

STONE  COAL— 

185 

stove  PIPES— 

Chimneys,  Ac 28, 167 

SL'REETS.  Ac. — 

Power  to  prevent  obstructing,  Ac 24 

Power  to  regulate 24 

Power  to  lay  out,  etc 24,  25,  43,  45 

Power  to  compel  improvement  of 43,  45 

Buildings  must  not  project  into 231 

Must  not  be  obstructed 231 

Injury  to 231 

Ordinance  relative  to  improvement  and  repair  of 298,  304,  306,  307 

STREET  CROSSINGS— 

Must  not  be  obstructed 231 

STREETS,  Ac. — 

Ordinance  to  open  and  lay  out 308,  310 

STREET  RAILROADS— 

1C6,  109 

SUNDAY— 

Relative  to  desecration  of 228,  229 

SURVEYOR  OF  THE  CITY— 

Election  and  oath  of—. 69,  295 

Duties  of 295 

Must  not  be  interested  in  contract  with  the  city ’ 295 

SURVEYORS,  OR  PARTY  WALLS— 

[See  party  walls! 37  , 244 

SWAMPS  AND  PONDS- 

May  be  drained 66 

T 

TALLY  PAPERS- 

How  furnished  and  preserved 10,  13 

TAVERNS— 

Groceries,  &c .-. 19,  26,  85,  294 

TAXES  - 

Exclusive  power  to  levy  for  streets,  etc 24 

Not  to  be  levied  for  roads  without  the  city 24 

For  revenue,  power  to  levy  and  collect 26 

Rate  of,  when  fixed 34 

When  and  lo  what  extent  a lien 35 

When  to  he  collected 36,  39,  71 

Ordinance  relative  to 134,  135,  136,  297 

To  be  levied  to  pay  certain  bonds , 63 

How  levied  and  collected 63 

TAX  DUPLICATE— 

When  to  be  issued  and  returned 71,  137,  297 


INDEX 


1> 


863 


TAX  TITLES-  PAGE 

Not  void  on  account  of  irregularities 35 

What  will  invalidate ... 42 

How  made , 40,  41 

Real  estate  held  by,  may  be  redeemed 40,  41 

TERRITORY  ADJACENT— 

Maybe  annexed,  how 56,  84 

THEATRE  - 

(See  Shows,  Sunday,  &c.) 

THREATS— 

Bribery,  &c.,  at  Election,  penalty  for... 14 

THE  VOTE- 

At  city  election 13 

In  Common  Council 15 

TOBACCO,  &c.— 

Inspectors  o 1 208 

Wharfage  on 193 

TREASURER— 

Election  of 42,  69 

Duties,  oath  and  bond 40,  41,  42,  43 

To  receive  redemption  money 43 

Compensation  of 53 

Deputies  of 55 

TREES  ON  SIDE  WALKS— 

Declared  nuisances 213 

TREES- 

Ornamental,  &c ..  233 

TRESPASSES  ON  PRIVATE  PROPERTY— 

• 233 

(see  public  grounds,  wharves,  streets,  alleys,  &c.) 

TRIAL  AND  JUDGMENT— 

(See  practice,) 29 

Before  Mayor,  mode  of  in  certain  cases 233 

TRUSTEES  OF  SCHOOLS— 

Election  of 116 

TRUSTEES  OF  WATER-WORKS— 

Election  and  duties  of 290 

TRUSTEES  OF  CEMETERIES— 

Appointment  and  duties  of 287,  288 

U 

UNWHOLESOME  MEAT- 

Provision?,  <fcc.,  penalty  for  selling  or  offering  for  sale 282 

V 

VAGRANTS— 

21,  234 

VACANCY  IN  OFFICE— 

Mayor  or  Councilman 8,  15,  16,,  50,  70 

Assessor  or  Collector 36 

Other  officers. 240 


364 


INDEX, 


VEHICLES-  PaG£. 

Power  to  regulate  and  license 22 

Ordinance  relative  to..... 314,  318 

Must  not  stop  at  street  crossings 231 

Must  not  be  driven  over  any  side-walks 231,  233 

VENUE— 

When  and  how  changed 50 

City  not  to  pay  costs  on  change  of. 50 

VOTERS— 

Who  qualified  as 8,  52,  70 

Illegal,  how  punished 8 

Where,  and  how  often  to  vote 9,  61,  161 

Exempt  from  arrest  on  election  day 14 

Oath  of. 11 

W 

WARDS— 

Number  and  boundaries  of. 7,  60,  311 

WATCH- 

City,  power  to  establish 26 

WATER- 

Power  to  supply 23,110 

Must  not  be  taken  from  public  cisterns  for  private  use 168 

WATER-WORKS— 

Sinking  fund  from  revenues . 289 

Ordinance  in  relation  to 290 

WATER-WORKS  COMPANY— 

May  be  formed DO 

WEIGH-MASTERS—  • 

Power  to  appoint 23 

Appointment  and  duties  of......... 267 

WHARF-MASTER— 

Appointment,  oath  and  bond ......  186 

Duties  and  compensation  of 186 

WHARVES- 

Power  to  establish  and  regulate 26,  47 

Ordinance  relative  to... 186,  192,  193,  194,  195,  196,  197 

WHISKY,  &c. — 

Inspection  of. 208 

WITNESS— 

Citizen  not  incompetent  a? — 30 

How  summoned 47 

Attendance  of,  may  be  compelled 62 

WOOD,  &c — 

Power  toregula  e the  measuring  of -. 23 

Ordinance  relative  to * 183 

WOODEN  BUILDINGS— 

Power  to  prevent  erection  of. 23 

Ordinance  relative  to - 163,  165,  166,  178 

WORK  HOUSES- 

Power  to  erect  and  establish — * 52 

WORSHIP — 

Penalty  for  disturbing  or  annoying * 235 


w-  V 


* 


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